LABOUR  LEGISLATION 

LABOUR  MOVEMENTS 

LABOUR  LEADERS 


BY  GEORGE  HOWELL 


of  d 
(California 


LABOUR    LEGISLATION,    LABOUR 
MOVEMENTS,  AND  LABOUR  LEADERS 


THE  REFORMER'S  BOOKSHELF. 

Each  Large  Crown  8z»o,  doth,  3s.  6d. 


The  English  Peasant:  His  Past 
and  Present.  By  RICHARD 
HEATH. 

The  Labour  Movement.    By  L.  T. 

HOBHOUSE,  M.A.     Preface  by  R. 
B.  HALDANE,  M.P. 

Sixty  Years  t  of  an  Agitator's 
Life:  GEORGE  JACOB  HOLY- 
OAKE'S  Autobiography.  2  vols. 
4th  Edition. 

Bamford's  Passages  in  the  Life 
of  a  Radical.  Edited,  and  with 
an  Introduction  by  HENRY 
DUNCKLEY  ("  VERAX  ").  2  vols. 

The  House  of  Lords :  A  Retrospect 
and  a  Forecast.  By  T.  A. 
SPALDING. 

The  Economic  Interpretation  of 
History :  Lectures  on  Political 
Economy  and  its  History,  de- 
livered at  Oxford,  1887-1888.  By 
Prof.  THOROLD  ROGERS.  Third 
Edition.  2  vols. 

The  Industrial  and  Commercial 
History  of  England.  By  Prof. 
THOROLD  ROGERS.  2  vols. 


Nihilism  as  it  is.  Being  STEPNIAK'S 
Pamphlet  translated  by  E.  L. 
VOYNICH,  and  FELIX  VOLKHOV- 
SKY'S  "Claims  of  the  Russian 
Liberals."  With  an  Introduction 
by  Dr.  SPENCE  WATSON. 

Charles  Bradlaugh:  A  Record  of 
His  Life  and  Work.  By  His 
Daughter,  HYPATHIA  BRAD- 
LAUGH  BONXER.  2  VOls. 

The  Inner  Life  of  the  House  of 

Commons.  Selected  from  the 
Writings  of  WILLIAM  WHITE, 
with  a  Prefatory  Note  by  his 
Son,  and  an  Introduction  by 
JUSTIN  MCCARTHY,  M.P. 

A    Village    Politician.    By  J.   C. 

BUCKMASTER. 

Taxes  on  Knowledge :  The  Story 
of  their  Origin  and  Repeal.  By 
COLLET  DOBSON  COLLET.  With 
an  Introduction  by  GEORGE 
JACOB  HOLYOAKE.  2  vols. 

Life  of  Richard  Cobden.  By  JOHN 
MORLEY.  2  vols. 


LONDON:  T.  FISHER  UNWIN. 


UNIVE-RSJ 


8PRECKELS 


[All  rights  reserved.} 


I  DEDICATE  this  work  to  Robert  Applegarth,  a 
loyal  friend  and  earnest  co-worker  with  me  in 
the  cause  of  Labour,  Elementary  and  Technical 
Education,  and  general  Political  and  Social 
Progress  for  forty  years. 

We  have  worked  together  side  by  side  in  the 
vineyard,  in  the  burden  and  heat  of  the  day, 
when  the  labourers  were  few,  the  work  dangerous 
as  well  as  harassing,  and  the  recompense  mostly 
public  abuse. 

His  share  in  the  work,  in  the  sixties  and  early 
seventies  more  especially,  is  not  forgotten  by 
those  of  his  colleagues  who  still  survive  ;  by  me 
it  is  remembered  with  a  comrade's  sincere  pleasure, 
and  the  gratification  that  he  is  still  my  friend  and 
companion. 

GEORGE   HOWELL. 

CHRISTMAS  DAY,    1901. 


113656 


PREFACE 

AS  references  are  frequently  made,  especially  during 
election  times,  to  the  respective  political  parties  by 
whom  legislation  for  labour  was  carried,  it  was  often 
suggested  to  me  that  I  should  tell  the  story  as  I  knew 
the  facts.  But  I  always  refused  because  the  whole  truth 
cannot  be  told  from  a  party  point  of  view.  I  had,  never- 
theless, resolved  to  tell  the  story  from  an  independent 
standpoint  as  early  as  1880,  but  the  work  was  deferred  for 
various  reasons  until  I  had  more  leisure.  The  story  of 
Labour's  struggles,  its  victories  and  defeats  ;  the  fierce 
contests  which  for  centuries  were  waged  against  it  to 
keep  it  in  subjection  ;  and  its  resistance  from  time  to 
time,  involving  suffering,  privation,  prosecution,  and  per- 
secution required  to  be  told,  for  it  finds  no  place  in  the 
so-called  "  Histories  of  England."  For  half  a  century  my 
lot  has  been  cast  amid  those  struggles  ;  and  I  have,  as  best 
I  could,  contributed  to  the  amelioration  of  the  hard 
conditions  under  which  working  men  still  suffered  fifty 
years  ago,  to  emancipate  themselves  from  which  they 
fought  and  strove  against  the  oppressive  forces  opposed 
to  them. 

The  following  work  is  an  attempt  to  trace  progressive 
legislation  from  the  date  of  the  first  repeal  of  the  Com- 
bination Laws  in  1824  to  the  present  time.  In  order  to 
do  so  it  was  necessary  to  indicate  generally,  but  clearly, 
the  nature  of  the  laws  adverse  to  labour  as  they  existed  at 
the  close  of  the  eighteenth  and  during  the  first  quarter  of 
the  nineteenth  century.  That  part  of  the  story  required 
to  be  told  in  some  detail,  as  no  adequate  connected 
account  is  elsewhere  to  be  found,  a  full  knowledge  of 
which  can  only  be  acquired  by  the  tedious  process  of 


viii  PREFACE 

wading  through  the  "  Statutes  at  Large/'  aided  by  a  com- 
plete digest  of  the  laws  in  force  in  1800  and  for  some 
years  subsequently.  I  have  tried  to  obviate  this  necessity 
once  for  all,  as  few,  perhaps,  will  care  to  attempt  the 
difficult  and  laborious  task  of  perusing  and  collating  the 
statutes. 

If  it  be  objected  that  the  account  here  given  of  labour 
legislation  and  movements  connected  therewith  is  too 
circumstantial,  I  reply  that  it  is  better  to  be  too  circum- 
stantial than  to  be  too  meagre.  To  have  left  out  an 
important  fact  or  incident  would  have  been  a  fault  open  to 
criticism  ;  to  include  what  some  might  regard  as  not 
essential,  is  at  the  most  only  an  error  of  judgment.  In  the 
endeavour  to  be  accurate,  fulness  of  treatment  was  necessary. 
No  such  record  has  ever  been  published,  so  that  the  public 
need  information  respecting  the  subjects  dealt  with,  as  may 
be  seen  daily  by  references  in  the  Press,  on  the  platform, 
and  even  in  Parliament  itself. 

It  may  be  said  that  the  personal  pronoun  is  used  too 
freely.  Perhaps  it  is,  but  not  through  egotism.  In  places 
I  have  had  to  record  facts  and  incidents  not  only  within 
my  knowledge,  but  with  which  I  was  personally  concerned, 
and  had  indeed  much  to  do.  I  was  the  representative 
and  mouthpiece  of  others — the  medium  of  communication 
between  parties  and  persons,  oftentimes  the  only  one,  in 
and  out  of  Parliament. 

In  some  instances  I  have  had  to  speak  of  matters  known 
only  to  myself;  at  other  times  to  one,  two,  or  three  others. 
In  such  cases  I  alone  am  responsible  for  the  accuracy  of 
the  record.  At  the  same  time  I  have  made  use  of  such 
documentary  evidence  to  assist  my  memory  as  I  possess, 
and  probably  no  other  person  has  a  complete  set  of 
reports,  memorials,  tracts,  and  other  papers  to  refer  to. 
Where  I  have  been  in  doubt  I  have  consulted  one  whose 
knowledge  of  the  events  and  services  can  be  relied  upon, 
because  he  was  an  active  coadjutor  in  the  movements 
described.  I  may  further  add  that  the  free  use  of  the  per- 
sonal pronoun  enables  me  to- fix  upon  myself  a  respon- 
sibility which  I  could  not  saddle  upon  others. 


PREFACE  ix 

I  may  be  charged  with  repetition  in  some  cases.  This 
was  inevitable  in  such  a  record  where  facts  and  circum- 
stances are  of  more  importance  that  opinions  and 
reflections.  The  record  covers  a  very  wide  field  ;  the 
subjects  dealt  with  are  numerous  ;  and  the  period  over 
which  it  runs  is  long.  The  narrative,  in  the  main,  is 
chronological.  But  this  method  could  not  be  strictly 
adhered  to  without  endless  repetition,  for  the  same 
subjects  come  up  again  and  again  at  different  periods. 
I  have  therefore  detached  some  subjects,  and  treated  them 
in  sequential  form  for  the  sake  of  clearness.  This 
method  has  necessitated  some  repetition,  but  less,  I 
imagine,  than  any  other  method  of  treatment  where  the 
subjects  recur  frequently. 

It  may  further  be  said  that  the  treatment  is  unequal. 
Doubtless  that  is  the  case.  But  the  subjects  dealt  with  are 
very  numerous,  and  the  phases  of  each  vary  considerably. 
There  are  breaks  in  their  history,  the  threads  of  which 
have  had  to  be  picked  up  at  intervals.  Much  may  have 
happened  meanwhile.  In  such  a  work  the  author  will 
have  attained  much  if  he  has  avoided  being  obscure. 

Perhaps  a  sense  of  proportion  is  not  always  observed. 
In  this  respect  the  writer  ought  to  have  some  right  of 
judgment.  What  to  others  might  seem  unimportant  may 
to  him  appear  of  consequence  in  relation  to  the  whole  or 
to  the  particular  part  objected  to.  Proportion  in  a  land- 
scape is  determinable  in  an  unerring  manner.  In  history 
the  apparently  unessential  often  requires  to  be  in  the 
foreground. 

My  chief  aims  have  been  accuracy  and  such  fulness 
in  the  record  as  will  enable  the  reader  to  follow  and 
understand  the  sequence  of  events,  and  to  estimate  the 
general  results.  There  is  a  lamentable  lack  of  knowledge 
of  industrial  history.  We  note  it  day  by  day  in  the  Press, 
in  speeches  of  public  men,  in  club  life,  and  in  the  domestic 
circle  when  such  matters  arise.  A  wider  knowledge  is 
desirable  from  all  points  of  view. 

December  20,  1901.  GEORGE  HOWELL. 


CONTENTS 

(Note. — The  Numbers  refer  to  Paragraphs,  not  to  pages.) 

PAGE 

DEDICATION v 

PREFACE vii 

CHAPTER   I 

INTRODUCTION— STATE   OF   THE   COUNTRY  ;    POPULATION  ;   FOOD 

SUPPLIES 

(i)  Popular  testimony  as  to  Progress  ;  (2)  Expansion  of  Empire  ;  (3) 
British  External  Trade  ;  (4)  Scientific  Discoveries  and  Inventions  ; 
(5)  Industrial  Revolution  ;  (6)  Newer  Industries  ;  (7)  Printing 
Trades ;  (8)  Social  Condition  of  the  People ;  (9)  Population, 
Famine,  Food  Supplies  ;  (19)  Inclosure  of  Commons  ;  (n)  Cost 
and  Scarcity  of  Provisions  ;  (12)  Assize  of  Bread,  and  Evasion  ;  (13) 
Conduct  of  Corn  Merchants  ;  (14)  Hunger  and  Bread  Riots  ;  (15) 
The  Corn  Laws I 

CHAPTER   II 
ECONOMIC  CONDITIONS  :   WORK,  WAGES,  HOURS  OF  LABOUR,  &c. 

(i)  Rates  of  Wages  ;  (2)  Movements  for  Advances  in  Wages  ;  (3)  Hours 
of  Labour  ;  (4)  Reductions  in  Working  Hours  ;  (5)  Conditions  of 
Employment ;  (6)  Taxation :  Imperial  ;  (7)  Local  Taxation  ;  (8) 
Dwellings  of  the  Poor  ;  (9)  Initial  Steps  towards  Improvement  .  12 

CHAPTER   III 

ENACTMENTS,    SPECIAL    AND    GENERAL,  ADVERSE    TO    LABOUR  : 
I.  THE  COMBINATION   LAWS 

(i)  The  Combination  Laws  ;  (2)  Statutes  in  Force  ;  (3)  Synopsis  of  Provi- 
sions in  Force  ;  (4)  Nature  and  Effect  of  such  Provisions  .  .  .21 


xii  CONTENTS 

," 

CHAPTER   IV 

PAGE 

ENACTMENTS,  SPECIAL    AND    GENERAL,  ADVERSE    TO     LABOUR  : 
II.  CONSPIRACY;  SEDITIOUS  ASSEMBLIES,  &c. 

(i)  Enactments  in  Force,  1800-1825  ;  (2)  Corresponding  Societies  Act  ;  (3) 
Illegal  Societies,  &c.,  Described  ;  Synopsis  of  Provisions  ;  (4)  Seditious 
Meetings,  Societies,  and  Exemptions  ;  (5)  A  Further  Act,  1819-20  ; 
Synopsis  of  Provisions  :  (6)  The  Two  Series  of  Acts  Compared  .  .  28 


CHAPTER  V 

ENACTMENTS,  SPECIAL  AND  GENERAL,  ADVERSE  TO  LABOUR: 
III.  MASTER  AND  SERVANT  ACTS  ;  IV.  MISCELLANEOUS  ACTS  ; 
V.  CONSPIRACY  LAWS — THE  COMMON  LAW 

(i)  Master  and  Servant  Acts  ;  (2)  Synopsis  of  Provisions  ;  (3)  Breaches  of 
Contract  by  Workmen,  Criminal  Offences  ;  Summary  of  Provisions  ; 
(4)  Miscellaneous  Enactments  in  Force  ;  Synopsis  of  Provisions  ;  (5) 
Conspiracy  Laws  ;  (6)  General  Effort  of  the  Legislation  Quoted, 
Described 35 


CHAPTER  VI 

REMEDIAL  LEGISLATION  :   i.  PROPOSED  REPEAL  OF  COMBINATION 

LAWS 

<i)  Select  Committee  on  Combination  Laws,  in  1824  ;  (1-2)  Statute  of  Ap- 
prentices ;  (3)  Mechanical  Inventions  and  Appliances  and  Labour  ;  (4) 
Opposing  Factions  as  to  Enactments  ;  (5)  Operation  of  Repressive 
Laws  ;  (6)  Inquiry  into  Effect  of  the  Combination  Laws  ;  (7)  Report 
of  Select  Committee  of  1824  ;  (8)  Character  of  the  Report — favour- 
able to  Labour 43 

CHAPTER  VII 
REMEDIAL  LEGISLATION  :  II.  REPEAL  OF  COMBINATION  LAWS,  1824-5 

(i)  Repeal  of  Combination  Laws  ;  Provisions  of  Act  of  1824  ;  (2)  Proposed 
Repeal  of  Act  of  1824  ;  (3)  Inquiry  into  Operation  of  the  Act ;  (4) 
Effects  of  Act  of  1824  ;  (5)  New  Act  of  1825  ;  (6)  Intention  of  New 
Act ;  (7)  Object  and  Provisions  of  the  New  Act  ;  (8)  The  Common 
Law  and  Combinations  ;  (9)  Operation  of  Act,  1825,  during  half  a 
century  . 51 


CHAPTER  VIII 

DEVELOPMENT  OF  TRADE  UNIONISM  ;   EFFORTS  TO  SUPPRESS  IT  ; 
PROSECUTION  OF  THE  DORCHESTER  LABOURERS 

(i)  Right  of  Public  Meeting  Asserted  ;  (2)  Uses  of  Public  Assembly  ;  (3) 
Constitution  of  Trade  Unions  ;  (4)  The  Pioneer  Published  ;  (5)  Lord 


CONTENTS  xiii 

PAGE 

Melbourne  and  Trade  Unions  ;  (6)  Return  to  Repressive  Measures 
Contemplated  ;  (7)  Prosecution  of  Six  Dorchester  Labourers  ;  (8) 
Labourers'  Wages  and  Justices  of  the  Peace  ;  (9)  Formation  of 
Labourers'  Union  ;  (10)  Treachery — The  Common  Informer  ;  (n) 
Arrest  of  Loveless  and  others  ;  (12)  Means  Employed  to  Ensure 
Conviction  ;  (13)  Judge  and  Prisoners  Compared  ;  (14)  The  Judge 
and  his  Sentence  ;  (15)  Treatment  of  the  Prisoners  ;  (16)  A  Captain's 
Humanity 58 


CHAPTER   IX 
REVIVAL  OF  AGITATION  ;   PROGRESS  OF  UNIONISM,  STRIKES,  &c. 

<i)  Sympathy  with  and  support  afforded  to  the  Dorchester  Labourers  ;  (2) 
Petitions  for  the  Release  of  the  Convicts  ;  (3)  Indignation  at  the 
Sentence  ;  (4)  Demonstration  in  London —  Precautions  by  the 
Government  ;  (5)  Lord  Melbourne  and  the  Monster  Petition  ;  (6) 
Petitions  ;  Discussions  in  Parliament ;  Reprieve  Granted  ;  (7)  Treat- 
ment of  the  Men  Reprieved  ;  (8)  George  Loveless  and  his  Pardon  ; 
(9)  Free  Pardon  and  Return  to  England  ;  (10)  Who  were  Responsible 
for  Delays  ?  (n)  Hammett's  Story  of  a  Convict's  Life  ;  (12)  General 
Review  of  the  Case 67 


CHAPTER  X 

FURTHER  GROWTH  OF  UNIONISM  ;  EMPLOYERS'  FEARS  ;    INQUIRY 

IN  1838 

(i)  Design  to  Re-introduce  Repressive  Legislation  ;  (2)  Lord  Melbourne's 
Attitude  in  1830  ;  (3)  Inquiry  by  W.  N.  Senior  ;  (4)  Synopsis  of  Report 
by  Messrs.  Senior  and  Tomlinson  ;  (5)  Suggested  Changes  in  the 
Law  ;  (6)  Result  of  the  Inquiry  in  1830  ;  (7)  Extent  of  that  Inquiry  ; 
(8)  Authorship  of  Draft  Report ;  (9)  Inquiry  by  Select  Committee,  in 
1838  ;  (10)  Extent  of  Inquiry  and  Evidence  ;  (n)  Common  Law  as  a 
Weapon  in  Labour  Disputes  ;  (12)  Increase  of  Penalties  under  Act 
of  1825,  compared  with  1824  ;  (13)  Suggested  possible  Modification  ; 
(14)  Arrest  without  Warrant ;  (15)  Rejection  of  Proposed  Report  by 
Select  Committee  ;  Evidence  Published  without  Report  .  .77 


CHAPTER  XI 
LABOUR  MOVEMENTS  IN  THE  FORTIES,  POLITICAL  AND  INDUSTRIAL 

(i)  Working  Men's  Association  and  Chartism  ;  (2)  Attitude  of  Chartism 
towards  Labour  ;  (3)  Factory  Legislation  and  Chartism  ;  (4)  Proposed 
Universal  Strike  ;  (5)  Strike  against  a  Foreman  ;  (6)  Strike  for  Reduc- 
tion of  Hours  on  Saturdays  ;  (7)  Indictment  for  Conspiracy  ;  (8) 
Shorter  Hours  on  Saturdays  conceded  ;  (10)  General  Union  in  the 
Printing  Trades  ;  (n)  Disputes  and  Dissolution  of  the  Union  ;  (12) 
Federation  of  Trades  ;  (13)  A  Case  of  Rattening  and  Conspiracy  .  87 


xiv  CONTENTS 


CHAPTER  XII 

PAGE 

LABOUR  MOVEMENTS  IN  THE  FIFTIES  :   i.  AMALGAMATION, 
STRIKES,  &c. 

(i)  Formation  of  Amalgamated  Society  of  Engineers  ;  (2)  Engineers' 
Strike  and  Lock-out,  1852  ;  (3)  The  Preston  Strike,  1853  ;  (4)  Wages 
Movement  in  the  Cotton  Trades  ;  (5)  The  Issues  Narrowed  to 
Preston  ;  (6)  The  Preston  Lock-out  :  (7)  Prosecution  for  Intimidation  ; 
(8)  Attempts  to  Settle  Dispute  by  Arbitration ;  (9)  Extension  of 
Dispute;  (10)  Employers' Ultimatum  ;  (u)  Repressive  Measures; 
(12)  Attitude  of  Employers'  and  Employed  Respectively  ;  (13)  Trade 
Union  Tactics  of  Employers  ;  (14)  Society  of  Arts  try  to  effect  a 
Settlement  ;  (15)  Partial  End  of  Preston  Strike  and  Lock-out ;  (16) 
The  Preston  Town  Clerk's  Conduct  ;  (17)  Prosecution  ;  Trial  Post- 
poned ;  Prosecution  Abandoned  ;  (18)  The  Struggle  Continued  ;  (19) 
Submission  of  the  Operatives  ;  (20)  Cost  of  the  Preston  Strike  and 
Lock-out 97 


CHAPTER  XIII 
LABOUR  MOVEMENTS  IN  THE  FIFTIES  :  II.  STRIKES  AND  LOCK-OUTS 

(i)  Boot  and  Shoemakers'  Strike  against  Machinery,  1857-9  ;  (2)  Opposi- 
tion to  the  Use  of  Machinery  ;  (3)  Conduct  of  the  Strikers  ;  (4) 
Number  of  Apprentices,  and  the  Age  Limit  ;  (5)  Proposed  General 
Strike  ;  (6)  Illegal  Action  of  Labour  Leaders  ;  (7)  A  Case  of  Wages  ; 
(8)  General  Strike  of  Operatives  ;  (9)  Failure  of  the  Strike  ;  (10) 
Strikes  against  Machinery  Futile  ;  (n)  West  Yorkshire  Coal  Strike, 
1858  ;  (12)  Dispute  as  to  Wages  versus  Prices  ;  (13)  The  Employers' 
Association  ;  (14)  Employers'  Resolve  to  Reduce  Wages  ;  (15) 
Notices  of  Reduction  Given  ;  (16)  The  Strike  and  a  Compromise  ; 
(17)  Other  Miners'  Strikes  ;  (18)  Cost  and  Conduct  of  Strike  ;  (19) 
Formation  of  Miners'  Unions  .  108 


CHAPTER  XIV 
LABOUR  MOVEMENTS  IN  THE  FIFTIES  :   III .  OTHER  STRIKES 

(i)  Weavers'  Strike,  Padiham  ;  (2)  Blackburn  Lists  of  Rates ;  (3)  Small 
Amount  in  Dispute  ;  (4)  Each  Side  Explains  ;  (5)  End  of  the  Strike  ; 
(6)  Cost  of  the  Strike  ;  (7)  Strike  of  Flint  Glass  Makers  ;  (8)  Origin  of 
the  Strike  ;  (9)  Extension  of  Strike — A  Lock-out ;  (10)  Settlement  of 
the  Dispute  ;  (u)  Chainmakers'  Strike  in  the  Midlands  ;  (12)  Friendly 
Action  of  Newcastle  Union ;  (13)  Test  of  Quality  of  Chains  and 
Cables  Advocated  ;  (14)  Organisation — Charge  of  Rattening  ;  (15) 
Deductions  from  Wages  and  Resistance  ;  (16)  Breach  of  Contract, 
Prosecution,  and  Appeal  ;  (17)  Quibbles  as  to  the  Nature  and  Extent 
of  the  Differences .117 


CHAPTER  XV 
LABOUR  MOVEMENTS  IN  THE  SIXTIES  :    I.  BUILDING  TRADES 

(i)  Builders'  Strike  and  Lock-out,  1859-62  ;  (2)  Origin  of  the  Nine  Hours' 
Movement  ;  (3)  Strike  at  Messrs.  Trollope's  ;  (4)  Conference  of  the 


CONTENTS  xv 

PAGE 

Building  Trades  ;  (5)  Lock-out  of  the  Operatives  ;  (6)  The  "  Odious 
Document"  ;  (7)  Abandonment  of  the  Document  ;  (8)  Cost  of  the 
Struggle  ;  (9)  The  Hour  System  ;  (10)  Strike  against  it  ;  (n)  Reduc- 
tion of  Working  Hours  on  Saturdays  ;  (12)  End  of  Strike  and  Results  ; 

(13)  The   Derby  Conference  ;    (14)   Concerted   Action    by   Labour 
Leaders;  (15)  Formation  of.  the  London.  Trades'  Council..,     .         .    127 

CHAPTER  XVI 
LABOUR   MOVEMENTS  IN  THE  SIXTIES:   II.  BAKERS,  MINERS,  &c. 

(i)  Bakers  and  Bakehouses  ;  (2)  Bakehouses  Regulation  Act  ;  (3)  Parlia- 
irientary  Inquiry  and  Results  ;  (4)  Inspection  and  New  Measures  ; 
(5)  Coalminers,  position  and  condition  ;  (6)  National  Miners'  Con- 
ference, 1863  ;  (7)  .Formation  of  National  Union  ;  (8)  Results  of  _^ 
Miners'  Conference  ;  (9)  Labour  Leaders  and  Politics;  (10)  Italian 
Freedom  and  Unity  ;  (n)  Hungarian  Struggles  ;  (12)  American  Civil 
War  ;  (13)  Anti-Slavery  Movements  ;  (14)  Meetings  in  Favour  of  the 
North  ;  (15)  Parliamentary  Reform  ;  (i 6)  Agitations  for  the  Franchise  ; 
(17)  Meetings  in  London  :  (18)  The  Reform  League;  (19)  Reform 
Bills,  1866  and  1867  ;  (20)  Middle  Class  Support  of  Enfranchise- 
ment   136 

CHAPTER  XVII 

LABOUR  AND  POLITICAL  MOVEMENTS  AND   LEGISLATION  IN  THE 

SIXTIES  :  III 

(i)  Poland  and  the  Proletariat  ;  (2)  Labour  Leaders'  Sympathy  with  the 
Poles  ;  (3)  Polish  Revolt  against  Constantine  ;  (4)  Britain's  Protest  ; 
(S)  International  Working  Men's  Association  ;  (6)  What  led  to  its 
Formation  ;  (7)  Its  Objects  and  Policy  ;  (8)  Its  Programme  ;  (9)  The 
London  Council  a  Restraining  Force  ;  (10)  Master  and  Servant 
Acts  ;  Agitation  ;  (n)  Conference  on  the  Subject,  1864  ;  (12)  Depu- 
tation to  Ministers — Bill  Suggested  ;  (13)  London  Conference,  1867  ; 

(14)  New   Bill,    Committee   thereon  ;    (15)    Review   of  Provisions 
in   Force  ;   (16)    Act  of   1867 — its   Character  ;   (17)   Beneficial,  but 
Defective  ;  (18)  Conciliation  Act,  1867  ;  (19)  Utter  Failure  of  the  Act    146 


CHAPTER  XVIII 
LABOUR  MOVEMENTS  IN  THE  SIXTIES:  III.  ROYAL  COMMISSION 

(i)  Reorganisation  and  Consolidation  of  Trade  Unions;  (2)  Influence  of 
Amalgamated  Society  of  Engineers  ;  (3)  Amalgamation  of  Local 
Unions  ;  (4)  How  Regarded  by  the  Public  ;  (5)  Proposed  Royal 
Commission  on  Trade  Unions  ;  (6)  The  Sheffield  Outrages  ;  (7) 
Altitude  of  Labour  Leaders  ;  (8)  Demands  for  Inquiry  ;  (9)  Action 
o{  the'T^H30lr*T?53e?]  (10)  fynrinpt  of  Labour  JLeaders ITi'i) 
Appointment  of  Royal  Commission  ;  (12)  Attitude  of  the  Press  and 
Public  ;  (13)  Friends  of  Labour  on  the  Commission  ;  (14)  Labour 
Representatives  allowed  to  be  present ;  (15)  Labour  excluded  at 
Previous  Inquiries  ;  (16)  Scope  of  the  Inquiry  ;  (17)  Committee  of 
the  Trades ;  (18)  Composition  and  Work  of  Commission  ;  (20) 
Disclosures  at  Sheffield  and  its  Effects 156 


xvi  CONTENTS 

CHAPTER  XIX 

PAGE 

THE  ROYAL  COMMISSION  :  FINAL  REPORT  AND  AFTER 

(I)  Mr.  Gladstone's  Reform  Bill,  1866  ;  (2)  Mr.  Disraeli's  Reform  Bill 
1867  ;  (3)  The  Reform  Act,  1867,  and  its  Effects  ;  (4)  General  Elec- 
tion and  Labour,  1868  ;  (5)  Conduct  of  Labour  Leaders  ;  (6)  Labour 
Candidates  ;  (7)  Results  of  General  Election  ;  (8)  Final  Report  of 
Royal  Commission  ;  (9)  Conclusions  and  Results  ;  (10)  Unprotected 
Trade  Union  Funds  ;  (n)  Methods  of  Investments  ;  (12)  Post  Office 
Savings  Banks'  Act ;  (13)  Deposits  in  Savings  Banks  ;  (14)  Legal 
Protection  of  Trade  Union  Funds  ;  (15)  Russell  Gurney's  Act ;  (16) 
Trade  Union  Bills,  1867  and  1868  ;  (17)  A  Breakfast  Table  Con- 
ference and  Results  ;  (18)  Mr.  Bruce  relents  ;  (19)  Trfldpg  TTninn 

Congresses  :  (20)  I.  Manchester  Congress,  1868  ;  (21)  II.  Birmingham 
Congress,  1869  ;  (22)  General  Review  of  the  Decade         ..        .         .    166 

CHAPTER  XX 

LEGISLATION  :  TRADE  UNION  ACT  ;  CRIMINAL  LAW  AMENDMENT 

ACT 

(I)  Why  should  Labour  Wait  ?  (2)  Trade  Union  Bill,  1871  ;  (3)  Trades 
Congress  Convened  ;  (4)  III.  London  Congress,  1871,  Deputation  to 
the  Home  Secretary  ;  (5)  Condemnation  of  Trade  Union  Bill  ;  (6) 
Protest  of  the  Trades  ;  (7)  Measure  Withdrawn— Two  Bills  ;  (8) 
Criminal  Law  Amendment  Bill  Carried  ;  (9)  Opposition  to  Work- 
men's Demands  ;  (10)  Supporters  of  Labour's  Cause  ;  (n)  Trade 
Union  Act,  1871  ;  (12)  Summary  of  Sections  ;  (13)  Criminal  Law 
XmendmenTirct ;  (14)  Digest  of  Acts  ;  (15)  Coercion,  under  New 
Act ;  (16)  Drafting  ;  (17)  New  Powers  ;  (18)  The  Lords'  Amendment ; 
(19)  Conduct  of  the  Liberal  Party  ;  (20)  Digest  of  Acts  and  Protest  .  180 

CHAPTER  XXI 

EFFORTS  TO  REPEAL  THE  CRIMINAL  LAW  AMENDMENT  ACT,  1871 

(i)  Report  of  the  Parliamentary  Committee  ;  (2)  Members  of  Parliament 
and  Coercion  ;  (3)  Digest  of  Acts  and  Future  Work  ;  (4)  Draft 
Bill  on  Arbitration  ;  (5)  Expenditure  of  Congress  ;  (6)  Prosecutions  • 
under  C.L.A.  Act  ;  (7)  Nottingham  Congress,  1877  ;  (8)  Reception  by 
Mayor  and  Council  ;  (9)  Congress,  and  Committee's  Report  ;  (10) 
Constitution  of  Congress  ;  (n)  Working  for  Repeal  of  C.L.A. 
Act  ;  (12)  Memorial  to  the  Home  Secretary  ;  (13)  Comments  and 
Criticisms  on  Act  ;  (14)  Summary  of  Cases  (a,  b,  c,  and  d)  ;  (15)  The 
Hammersmith  Case  ;  (16)  Appeal  and  its  Results  ;  (17)  The  Bolton 
Case  ;  (18)  Appeal — Conviction  Quashed  ;  (19)  A  Scotch  Case  ;  (20) 
Women  Imprisoned  ;  (21)  Importance  of  List  of  Cases  given  .  .  193 

CHAPTER  XXII 

DEPUTATION  TO  MR.  BRUCE  ;  His  ATTITUDE  ;  BILLS  ;  MR.  GLAD- 
STONE'S POSITION 

(i)  Deputation  to  Home  Secretary  ;  (2)  Mr.  Bruce's  Reply  and  Attitude  ; 
(3)  Continued  Efforts  to  Repeal  Obnoxious  Act  ;  (4)  Lobbying  for 


CONTENTS  xvii 

the  Unions  ;  (5)  Sir  William  Harcourt  and  the  Act  ;  (6)  Concessions 
as  to  Amendment  of  Act  ;  (7)  Action  of  Parliamentary  Committee  ; 
(8)  Proposals  to  Amend  the  Act ;  (9)  Breakdown  of  Hammersmith 
Appeal  Case  ;  (10)  Effects  of  that  Breakdown  ;  (n)  Conference 
with  Members  of  Parliament  ;  (12)  Amendment  Bill  drafted  ;  (13) 
Endorsement  of  by  Trade  Unions  :  (14)  Adverse  Criticisms  con- 
sidered ;  (15)  Cause  of  Differences  Explained  ;  (16)  Debate  on  the 
Bill  in  the  Commons  ;  (17)  Attitude  of  Mr.  Bruce  ;  (18)  Sir  William 
Harcourt's  Motion  ;  (19)  Mr.  W.  E.  Gladstone's  Attitude  ;  (20)  Aban- 
donment of  the  Bill 207 


CHAPTER  XXIII 
LABOUR  LEGISLATION  IN  1872— MINES,  FACTORIES,  TRUCKS,  &c. 

(i)  Mines  Regulation  Acts  ;  (2)  Government  Measures — Action  of  Parlia- 
mentary Committee  ;  (3)  Arbitration  Act,  1872  ;  (4)  Sir  Rupert  Kettle's 
Bill  ;  (5)  New  Bill  Drafted,  Accepted,  and  Passed  ;  (6)  Factory 
Workers'  Nine  Hours'  Bill  ;  (7)  Its  Supporters,  and  Fate  in  House  of 
Commons  ;  (8)  Truck — Payment  of  Wages  Bill ;  (9)  Reference  of,  to 
a  Select  Committee ;  (10)  Action  of  Parliamentary  Committee  ; 
(u)  Deductions  from  Wages,  and  Weekly  Pays  ;  (12)  Truck  Bill  as 
Amended  ;  (13)  Opposition  to  Amended  Bill  ;  (14)  Memorial  and 
Deputation  to  Mr.  Bruce  ;  (15)  Objections  to  Bill — how  met  ;  (16) 
Home  Office  and  the  Measure  ;  (17)  Compensation  for  Injuries 
Bill  ;  (i 8)  New  Bill—Attitude  of  the  Government  ;  (19)  Meetings 
and  Depisions  of  Parliamentary  Committee  ;  (20)  Admission  to  the 
Lobby  ;  (21)  Secretary  Placed  on  the  Speaker's  List  ;  (22)  Public 
Meetings  and  Labour  Questions  in  1872 217 


CHAPTER  XXIV 

LABOUR  MOVEMENTS  IN  1873— TRADES  CONGRESS  AND  MEASURES 

(i)  The  Leeds  Congress,  1873  ;  (2)  Mr.  H.  Crompton's  Report  ;  (3)  Pro- 
ceedings at  Congress ;  (4)  Compensation  for  Injuries  Bill  ;  (5) 
Standing  Orders  for  Congress  ;  (6)  Balance  Sheet  for  1872  ;  (7)  Par- 
liamentary Programme  for  1873  ;  (8)  Modes  of  Procedure  ;  (9) 
General  Resolves  of  Congress  ;  (10)  Memorial  on  Gas-Stokers' 
Sentence  ;  (n)  Leeds'  Welcome  to  the  Delegates  at  Congress  .  229 


CHAPTER  XXV 

STORY   OF    THE    GAS-STOKERS'    PROSECUTION,    SENTENCE,   AND 

RELEASE 

(i)  Dispute  at  the  Beckton  Gas  Works  ;  (2)  How  Dispute  arose  ;  (3) 
General  Strike  Resolved  upon  ;  (4)  The  Strike — Breach  of  Contract  ; 
(5)  Prosecution  instituted  by  Company  ;  (6)  Evidence  of  Prosecu- 
tor ;  (7)  Evidence  of  Foremen  ;  (8)  Defence  of  the  Men  ;  (9)  The 
Indictment  ;  (10)  Nature  of  the  Offence  ;  (u)  Trial  and  Evidence  ; 
(12)  Verdict  and  Sentence  ;  (13)  Legal  Opinion  thereon  ;  (14)  Legal 
Effect  of  Verdict  ^  (15)  Action  of  Defence  Committee  ;  (16)  Corre- 
spondence with  Mr,  Bruce  ;  (17)  The  Home  Secretary's  Attitude  ; 


xviii  CONTENTS 

PAGE 

(18)  Memorial  to  the  Home  Secretary  ;  (19)  Contention  in  Memorial  ; 
(20)  Home  Office  Action — Remission  of  Sentence  ;  (21)  Men's 
Memorial — how  Arranged  ;  (22)  Further  Action  of  Defence  Com- 
mittee ;  (23)  Funds — how  Disbursed  ;  (24)  Object  of  Fund  ;  (25) 
Close  of  the  List  ;  (26)  Release  of  the  Prisoners  ;  (27)  Termination  of 
Committee's  Work 237 

CHAPTER  XXVI 
THE  AGRICULTURAL  LABOURERS'  MOVEMENT  ;  UNION  FORMED 

(i)  Formation  of  Agricultural  Labourers'  Union  ;  (2)  Condition  of 
Labouring  Population  ;  (3)  Origin  of  the  Movement  ;  (4)  Joseph 
Arch  as  Adviser  and  Helper  ;  (5)  The  Wellesbourne  Meetings  ;  (6) 
Labourers'  Strikes  ;  (7)  The.  .National  Conference  ;  (8)  Constitution 
of  the  Union  ;  (9)  Dangers  threatened,  but  averted  ;  (10)  Progress 
of  Unionism  among  the  Labourers  ;  (n)  Fruits  of  the  Agricultural 
Labourers'  Unions  ;  (12)  Decay  of  the  Unions  ;  (13)  Permanent  Advan- 
tages secured  by  the  Unions 254 

CHAPTER  XXVII 
"  OUR  SEAMEN":  THE  STORY  OF  THE  PLIMSOLL  MOVEMENT 

(i)  Mr.  Plimsoll  Invites  the  Aid  of  Working  Men  ;  (2)  His  Book — "Our 
Seamen  "  ;  (3)  Character  of  the  Work  ;  (4)  The  Man  and  the  Agitator  ; 
(5)  Sensationalism  ;  (6)  A  Pathetic  Incident  ;  (7)  Difficulties — Vast 
Interests  at  Stake  ;  (8)  Personal  Attacks  ;  (9)  Mr.  Plimsoll's  Charges  ; 
(10)  The  Plimsoll  and  Seamen's  Fund  Committee  ;  (n)  Formation  of 
Committee  ;  (12)  Constitution  and  Objects  ;  (13)  Work  of  the  Com- 
mittee ;  (14)  Public  Meetings  ;  (15)  Incidents  in  Scotland  ;  (16) 
Whitby  Meeting  ;  (17)  Hartlepool  Meeting  ;  (18)  Manchester 
and  other  Meetings  ;  (19)  Proceedings  in  Committee  ;  (20)  Caution 
and  Prudence  Advised  ;  (21)  Work  in  Parliament  ;  (22)  Royal  Com- 
mission— Inquiry  and  Evidence  ;  (23)  Committee's  Reports  thereon  ; 
(24)  Measures  in  Parliament ;  (25)  Unseaworthy  Vessels  Detained  ; 
(26)  Mr.  Plimsoll's  Responsibility  ;  (27)  General  Election,  1874  '•>  (28) 
Scene  in  the  House  ;  (29)  Another  Scene — Ladies'  Gallery  ;  (30) 
Legislation  in  1876  ;  (31)  Expenditure  by  the  Committee  ;  (32)  Libel 
Actions  ;  (33)  Contributions  to  the  Fund  ;  (34)  Some  Items  of  Expen- 
diture ;  (35)  Further  Work  on  Behalf  of  our  Seamen  ;  (36)  Statistics 
— Loss  of  Life  at  Sea 263 

CHAPTER  XXVIII 
FURTHER  EFFORTS  TO  REPEAL  STATUTES  ADVERSE  TO  LABOUR 

(i)  An  Extended  Programme  ;  (2)  Criminal  Law  Amendment  Act  ;  (3) 
Parliamentary  Crisis  ;  (4)  C.L.A.  Act  Repeal  Bill  ;  (5)  Fate  of  the 
Measure  ;  (6)  Motion  for  a  Select  Committee  ;  (7)  Master  and 
Servant  Acts  ;  (8)  Law  of  Conspiracy  ;  (9)  Motion  and  Debate  in 
House  of  Commons  ;  (10)  Mr.  Harcourt's  Speech  ;  (n)  Other 
Speeches  ;  (12)  Attitude  of  the  Government ;  (13)  Dr.  Ball's  Criticism  ; 
(J4)  Solicitor-General's  Outspoken  Speech  ;  (15)  Decision  as  to  Bill  ; 
(10)  Mr.  H.  James's  Speech  ;  (17)  Mr.  Bruce's  Reply  ;  (18)  General 
Effect  of  the  Debate ....  284 


CONTENTS  xix 


CHAPTER  XXIX 

GROWTH  OF  UNIONISM — MEETINGS,  DEMONSTRATIONS,  AND 
MEASURES 

(i)  Demonstration  in  London  and  Elsewhere  ;  (2)  Hyde  Park  Demonstra- 
tion ;  (3)  Spread  of  Unionism  ;  (4)  Conspiracy  Law  Amendment  Bill  ; 
(5)  Bill  Passed  by  House  of  Commons  ;  (6)  Bill  in  the  House  of 
Lords  ;  (7)  Lord  Kimberley's  Defence  of  the  Measure  ;  (8)  Lords' 
Amendments  Rejected  by  House  of  Commons  ;  (9)  General  Protest 
against  the  Amended  Bill  ;  (10)  Who  Caused  its  Failure  ?  (11)  Effect 
of  Government  Changes  ;  (12)  Master  and  Servant  Act,  §  14 ;  (13) 
Other  Measures  in  Session  of  1873  ;  (14)  Compensation  for  Injuries 
Bill ;  (15)  Factories  Nine  Hours'  Bill ;  (16)  Other  Work  of  the  Parlia- 
mentary Committee  in  1873  ;  (17)  Trade  Union  Literature — 
Publications .  296 

CHAPTER  XXX 

NATIONAL  FEDERATION  OF  EMPLOYERS — OBJECTS,  RULES, 
MANIFESTO 

(i)  Proposed  Federation  of  Employers  ;  (2)  Circulars  Issued  ;  (3)  Trade 
Union  Programme  set  Forth  ;  (4)  Objects  of  the  Federation  ;  (5) 
Action  of  the  Parliamentary  Committee — Letter  to  Employers  ;  (6) 
Employers'  Reply  to  Letter  ;  (7)  Respective  Attitude  of  the  Two 
Bodies  ;  (8)  Mutual  Courtesies  ;  (9)  Manifesto  of  Employers' 
Federation  ;  (10)  Statement  of  Objects  ;  (n)  Charges  against  Trade 
Union  Officials  ;  (12)  Reply  to  Charges  ;  (13)  Salaries  of  Trade  Union 
Officials  ;  (14)  Costs  to  the  Unions  ;  (15)  Other  Charges  Refuted  ;  (16) 
A  Modicum  of  Praise  ;  (17)  Literary  Helpers  ;  (18)  Rules  of  Employers' 
Federation  ;  (19)  Memorial  to  Home  Secretary  ;  (20)  Mr.  Crompton's 
Reply  ;  (21)  Reply  Continued  ;  (22)  Final  Judgment ;  (23)  Organised 
Capital  and  Labour  Face  to  Face  .......  307 

CHAPTER  XXXI 

MINISTERIAL  CHANGES — NEW  DEPARTURES  AND  NEW  CONVERTS 

(i)  Ministerial  Changes  ;  (2)  Correspondence  with  Mr.  Gladstone  ;  (3) 
Mr.  Gladstone's  Reply  ;  (4)  Statement  of  Propositions  ;  (5)  Coercion 
Condemned  ;  (6)  Conspiracy  Laws  ;  (7)  Contract  of  Service  ;  (8)  Mr. 
Gladstone's  Further  Reply  ;  (9)  Mr.  Lowe — Home  Secretary  ;  (10) 
Suggested  Deputation  ;  (n)  Matter  Arranged  ;  (12)  The  Interview  ; 
(13)  Mr.  Hughes,  M.P.  ;  (14)  Mr.  Howell's  Statement  of  Case  ;  (15) 
Messrs.  Macdonald,  Guile,  Odger  ;  (16)  Messrs.  Mundella,  M.P.,  and 
Hinde  Palmer,  M.P.  ;  (17)  Mr.  Lowe's  Reply  ;  (18)  Impressions 
Respecting  the  Interview 319 


CHAPTER  XXXII 

CHANGED  CONDITIONS — ACTION  OF  EMPLOYERS'  FEDERATION  AND 

OF  TRADES 

(i)  Press  Comments  and  Public  Opinion  ;  (2)  Employers'  Federation  ;  (3) 
Employers'  Deputation  ;  (4)  Mr.  Lowe's  Reply  ;   (5)  Parliamentary 


xx  CONTENTS 

PAGE 

Committee's  Report  ;  (6)  Special  Points  in  Report ;  (7)  Jury  Laws  and 
Jurisdiction  of  Magistrates  ;  (8)  Standing  Orders  for  Congress  ;  (9) 
Questions  for  Candidates  ;  (10)  Parliamentary  Programme  for  1874  ; 
(n)  Sixth  Trades  Union  Congress  ;  (12)  Reports  and  Speeches  ;  (13) 
Resolves  of  Congress  ;  (14)  New  Parliamentary  Committee  ;  (15) 
General  Resolutions  and  Special  Instructions  ;  (16)  Review  of 
Situation 328 

CHAPTER  XXXIII 

DISSOLUTION  OF  PARLIAMENT  ;  GENERAL  ELECTION  ;   QUESTIONS 
TO  CANDIDATES 

(i)  Dissolution  of  Parliament ;  (2)  Labour  Questions  ;  (3)  Mr.  Gladstone's 
Government  and  Labour  ;  (4)  Attitude  of  Labour  Leaders  ;  (S)  Labour 
Candidates  ;  Results  ;  (6)  Result  of  General  Election  ;  (7)  Changed 
Situation  ;  Position  of  Labour  ;  (8)  Proposed  Royal  Commission  ; 
(9)  Formation  of  Commission  ;  (10)  Refusals  of  Seat  on  Commission  ; 
(ii)  Attitude  of  Parliamentary  Committee  ;  (12)  Constitution  of  Royal 
Commission  ;  (13)  Hesitancy  as  to  the  Commission  ;  (14)  Personnel  of 
the  Commission  ;  (15)  Other  Commissioners  ;  (16)  Character  of  the 
Commission  ;  (17)  Position  of  Parliamentary  Committee  ;  (18) 
Committee's  Statement  as  to  the  Situation  ;  (19)  Committee's 
Resolves ;  (20)  Committee's  Defence  ;  (21)  Explanations  as  to 
Defence  ;  (22)  The  Inquiry — Obtaining  Evidence  ;  (23)  Witnesses 
Examined  ;  (24)  Exclusion  from  the  Lobby  for  Refusal  to  give 
Evidence 337 

CHAPTER  XXXIV 
LABOUR  MOVEMENTS,  STRIKES,  AND  PROSECUTIONS  IN  1874 

i)  Labour  Legislation  in  1874  '•>  (2)  Parliamentary  Committee's  Action  ; 

(3)  Friendly  Societies   Bill — proposed  repeal  of  Trade  Union  Act  ; 

(4)  Public  attention  called  thereto  •  (5)  Conference  on  the  Bill,  and 
Result ;  (6)  Comments  on  the  Bill  by  the  Parliamentary  Committee  ; 
(7)  Continuance  of  Agitation  on  Labour  Laws  ;  (8)  Strikes — Labourers, 
Miners,  and  Ironworkers  ;  (9)  Measures  in  Abeyance  ;  (10)  Report  of 
Parliamentary  Committee  for  1875  ;  (n)  Prevention  of  Loss  of  Life 
at  Sea  ;  (12)  Miscellaneous  Questions  ;  (13)  Trades  Union  Congress, 
J875  >  (H)  Next  Congress,  and  New  Parliamentary  Committee  ;  (15) 
Session  of  1875,  some  Measures  ;  (16)  Various  other  Measures  ;  (17) 
Other  Measures  continued  ;  (18)  Merchant  Shipping  Bill  ;  (19)  Case 
of  Hague  and  Another  v.  Cutler  ;    (20)  Operation  of   Master  and 
Servant  Act,  1867  ;  (21)  The  Appeal,  and  Results        ....    350 


CHAPTER  XXXV 
LABOUR  LAWS,  1875  ;  WELCOME  BY  THE  PRESS  AND  PUBLIC 

i)  Final  Report  of  Royal  Commission  ;  Action  of  Parliamentary  Com- 
mittee ;  (2)  Character  of  the  Report ;  (3)  Government  Measures  ;  (4) 
The  Press  and  the  Labour  Bills  ;  (5)  First  Reading  of  the  Measures  ; 
(6)  Second  Reading  ;  (7)  Debate  in  House  of  Commons  ;  (8)  Com- 
mittee Stage  of  Employers'  and  Workmen  Bill ;  (9)  Conspiracy  and 


CONTENTS  xxi 

PAGE 

Protection  of  Property  Bill  in  Committee  ;  (10)  Further  proposals  by 
Mr.  Lowe  ;  (n)  Sir  William  Harcourt's  Prediction  ;  (12)  Picketing— 
Coercion ;  (13)  New  Clauses — an  Incident  ;  (14)  Views  of  the  Par- 
liamentary Committee  ;  (15)  Repeal  of  Criminal  Law  Amendment 
Act ;  (16)  New  Clause  in  Committee  ;  (17)  Employers'  and  Workmen 
Bill — Report ;  (18)  Conspiracy  and  Protection  of  Property  Bill — 
Report  ;  (19)  Congratulations  ;  (20)  Labour  Bills  in  the  Lords  ; 
(21)  Conspiracy  Bill  in  Committee  in  the  Lords  ;  (22)  Considera- 
tion of  Lords'  Amendments  by  the  Commons  ;  (23)  Friends  and 
Helpers  ;  (24)  Objects  and  Attainments ;  (25)  Digest  of  the  Labour 
Laws  ;  (26)  The  Conspiracy  Act  ;  (27)  Mr.  Crompton's  Digest 
Approved  ;  (28)  Other  Comments  on  the  Acts  ;  (29)  Trades  Union 
Congress,  Glasgow,  1875  ;  (30)  The  Right  to  Sue  and  be  Sued  ;  (31) 
Other  Resolves  of  Congress  ;  (32)  Votes  of  Thanks — and  Constitution 
of  Congress  ;  (33)  Anticipations  and  Results 366 


CHAPTER  XXXVI 

LABOUR  MOVEMENTS  AND  LEGISLATION  FROM  1876  TO  1890 

(i)  Mr.  Bright  and  the  Labour  Laws  ;  (2)  Depression  in  Trade  and 
Reductions  in  Wages ;  (3)  Unemployed  Benefit  Paid  by  Trade 
Unions;  (4)  Labour  disputes — Masons — Engineers — Shipping  Trades 
— Cotton  Operatives — Carpenters  and  Joiners — Miners — General 
Strikes ;  (5)  Foreign  Competition  and  Trade  Unions  ;  (6)  Free 
Trade,  Reciprocity,  and  Protection  ;  (7)  Britain's  External  Trade  ; 
(8)  The  Franchise  Question — Hyde  Park  Demonstration  ;  (9)  General 
Elections,  1885  and  1886  ;  (10)  Codification  of  the  Law  ;  (n)  Legis- 
lative Measures  from  1876  to  1890 389 


CHAPTER  XXXVII 
TRUCK — PAYMENT  OF  WAGES— DEDUCTIONS— AND  CLAIMS 

(i)  The  Truck  Acts  ;  (2)  Legislation  1665  to  1825  ;  (3)  Truck  Act,  1831 
—Repeal  ;  (4)  Truck  Act,  1831— Consolidation  ;  (5)  Penalties- 
Trades  to  which  Act  applied  ;  (6)  Exclusions  and  Exemptions  ; 
(7)  Provisions  as  to  Friendly  Societies  ;  (8)  Further  Legislation  in 
1839  ;  (9)  Tickets  of  Work  ;  (10)  Further  Legislation  in  1845  ; 
(ii)  Deductions  from  Wages— Hosiery  Act,  1874;  (12)  The  Truck 
Act,  1887  ;  (13)  Particulars  of  Work  ;  (14)  Factory  and  Workshops 
Consolidation  Act,  1901  ;  (15)  Check- Weighing  Clauses  of  the 
Mines  Regulation  Acts  ;  (16)  Recovery  of  Wages  ;  (17)  Arrestment 
of  Wages,  Ireland  ;  (18)  Attachment  of  Wages,  England  and  Wales  ; 
(19)  Arrestment  of  Wages,  Scotland  ;  (20)  Extended  Jurisdiction  ; 
(21)  Preferential  Payments  in  Cases  of  Bankruptcy  ;  (22)  Preferen- 
tial Claims  in  Scotland  ;  (23)  Payment  of  Wages  in  Public  Houses  ; 
(24)  Legislative  Provisions — Prohibition  ;  (25)  General  Survey  of 
Legislation  Relating  to  Wages 


CHAPTER  XXXVIII 

EMPLOYERS'  LIABILITY  ACT,  1880;  COMPENSATION  ACT,  1896 

i)  Liability  for  Accidents  under  the  Common  Law  ;   (2)  Doctrine   of 
Common   Employment  ;   (3)  Scotch   Case  ;    (4)  Judge-made    Law  ; 


xxii  CONTENTS 

PAGE 

(5)  Enactments  as  to  Accidents  ;  (6)  Lord  Campbell's  Act  ;  (7)  Miners 
Demand  a  Compensation  Act  ;  (8)  Agitation  and  Legislation,  1863 
to    1880  ;    (9)  Various  Acts  to    Ensure    Safety  ;    (10)   Workmen's 
Demand  for  Compensation  ;  (n)  Measures  passed  prior  to  1880  ; 
(12)  Mr.   Macdonald's   Bill  ;   (13)  Employers'  Liability  Act,    1880  ; 
(14)  Defects  in  the  Act  ;  (15)  General  Compensation  Act  Suggested  ; 

(16)  Purport  of  Act  of  1896  ;  (17)  Restrictions  as  to  Liability  and 
Compensation  ;  (18)  Defects  in  Act  and  Litigation      .  422 

CHAPTER  XXXIX 
CONCILIATION  AND  ARBITRATION  IN  LABOUR  DISPUTES 

(i)  Origin  of  Arbitration — Reference  by  Court  ;  (2)  Arbitration  by 
Justices  ;  (3)  Spitalfields  Acts  ;  (4)  B'urther  Enactments  ;  (5)  Acts 
Relating  to  Arbitration  ;  (6)  Nature  of  Labour  Disputes  under  Old 
Acts  ;  (7)  Consolidation  Act,  1824  ;  (8)  Further  Enactments  ;  (9) 
Conciliation  Act,  1867  ;  (10)  Arbitration  Act,  1872  ;  (n)  Compulsory 
Arbitration  ;  (12)  Voluntary  Conciliation  and  Arbitration  ;  (13)  Con- 
ditions Essential  to  Success  ;  (14)  Modes  of  Settling  Labour  Dis- 
putes ;  (15  and  16)  Sliding  Scales  in  Iron  and  Steel  Trades  ; 

(17)  In   the   Coal   Industry  ;   (18)  Joint  Committees  ;    (19)  General 
Conciliation  Boards  ;  (20)  Temporary  Boards  or  Commitees  ;  (21) 
Conciliation  Act,  1896  ;   (22)  Operation   of  the  Act — Results  ;  (23) 
Public  Opinion  favourable  to  Conciliation  ;  (24)  American  Scheme 

of  Conciliation  and  Arbitration 433 

CHAPTER  XL 
LABOUR  MOVEMENTS  AND  LEGISLATION,  1890  TO  1902 

(i)  The  Dockers'  Strike — Origin  of  the  "  New  Unionism  ;  "  (2)  Attitude 
towards  Non-Unionists  ;  (3)  Intimidation  and  Assault  ;  (4)  Aggres- 
sive Unionist  Action  ;  (5)  "  Fighting  Unions  "  Alarm  Employers  ; 

(6)  Reorganisation  of  Industry — Abolition  of  Capital  ;  (7)  Universal 
Eight  Hours'  Day  ;  (8)  Law  versus  Mutual  Arrangement ;  (9)  Labour 
Disputes    since    1889  ;    (10)    Growth    of    Unionism    since    1890  ; 
(n)  Federations  of  Employers  and  Workmen  ;    (12)  Proposals  for 
General  Federation  of  Trades  ;  (13)  General  Federation  of  Trade 
Unions  ;  (14)  Federations  of  Employers  ;  (15)  A  Decade  of  Legisla- 
tion ;  (16)  Other  signs  of  Progress  since  1890 447 


CHAPTER  XLI 

MR.  CHAMBERLAIN — LABOUR  LEGISLATION  AND  LABOUR 
LEADERS 

i)  Mr.  Chamberlain's  Specific  Charges  ;  (2)  Initiation  of  Legislation  ; 
(3)  Hindering  Labour  Legislation  :  (4)  Instances  of  Initiation  by 
other  than  Labour  Leaders  ;  (5)  Protection  for  Miners  ;  (6)  Other 
Measures  ;  (7)  General  Legislation — Other  than  on  Labour  Ques- 
tions ;  (8)  Some  Specific  Instances  of  Initiation  ;  (9)  Repeal  of  Laws 
Adverse  to  Labour  ;  (10)  General  Measures  Initiated  by  Labour  ' 
Leaders  ;  (n)  Notable  Exceptions  ;  (12)  Legislation  since  the  Insti- 
tution of  the  Trades  Union  Congress,  1868 — List  of  Acts  ;  (13)  Pos- 
sible Criticism  Anticipated  ;  (14)  Popular  Education  and  Conclusion.  459 


CONTENTS  xxiii 

PAGE 

CHAPTER  XLII 
POSITION,  PROSPECTS,  AND  ASPIRATIONS  OF  LABOUR 

(i)  Material  Prosperity  ;  (2)  Public  Health  and  Sanitation  ;  (3)  Work- 
men's Dwellings  ;  (4)  Cheap  Transit — Rail  and  Tram  ;  (5)  Wages 
and  Hours  of  Labour  ;  (6  and  7)  Legal  Position  of  Trade  Unions  ; 
(8)  Under  the  Old  and  the  New  Law — A  comparison  ;  (9)  Legal 
Aspects  of  Picketing  ;  (10)  The  Blackburn  Case  ;  (n)  Intentions  of 
Legislature— Act  of  1859:  (12)  Positive  Legal  Effect  of  Recent 
Decisions  ;  (13)  Some  Views  thereon  ;  (14)  Trade  Union  View  ; 
(15)  Mr.  Harrison's  View  ;  (16)  A  Modified  View  ;  (17)  Good  Law 
or  Bad  Law  ;  (18)  The  Decisions  Challenged ;  (19)  Schemes  Sug- 
gested for  Averting  Consequences  ;  (20)  Avoidance  of  Consequences 
by  Change  in  Rules  ;  (21)  Transfer  of  Responsibility  ;  (22)  Evasion 
of  the  Law — Bad  in  Principle  ;  (23)  Order  and  Progress  ;  (24)  The 
Crisis — Duty  of  Labour  Unions  ;  (25)  Remedies  for  Wrongs  not 
Impossible  ;  (26)  Measures  Beneficial  and  Possible  ;  (27)  Essentials 
of  New  Legislation  ;  (28)  Vantage  Ground  of  Labour  ;  (29)  Labour 
Leaders  in  Parliament  ;  (30)  Communal  Sphere  of  Influence  ; 
(31)  Borough  Magistrates  ;  (32)  Labour  Department — Factory  In- 
spectors ;  (33)  Labour's  Present  Power  to  Resist  Attack  ;  (34)  Labour's 
Aspirations — Utopian  and  Otherwise  ;  (35)  Socialism  ;  (36)  Anar- 
chism ;  (37)  Co-operation  ;  (38  and  39)  Trade  Unionism  as  a 
Remedy  ;  (40)  Educational  Advantages  of  To-day  ;  (41)  Conclusion.  474 


CHAPTER   I 

INTRODUCTION STATE     OF     THE     COUNTRY MECHANI- 
CAL    INVENTIONS POPULATION FOOD    SUPPLIES 

INCLOSURE    OF    COMMONS,    &C. 

IT  is  admitted  on  all  hands  that  the  nineteenth  century 
was  unique  in  the  history  of  progress — unapproached 
in  national  development  and  commercial  prosperity.  It 
would  seem  that  all  previous  centuries  were  preparatory 
and  contributory.  Clearances  had  to  be  made,  the 
ground  tilled,  and  the  seed  sown.  In  the  nineteenth 
century  came  fruition,  and  at  least  a  partial  ingathering 
of  the  harvest.  Partial  in  this  sense — each  crop  was,  in 
its  own  way  and  according  to  its  nature  and  character, 
reproductive.  The  garnering,  from  time  to  time,  of  the 
enormous  produce  did  not  impoverish,  but  enrich,  each 
successive  generation,  thus  leaving  to  posterity  a  vast 
inheritance,  capable  of  almost  infinite  expansion,  in  the 
twentieth  and  succeeding  centuries. 

i.  Popular  'Testimony  as  to  Progress. — At  the  close  of 
the  nineteenth  and  commencement  of  the  twentieth  cen- 
turies the  newspapers,  periodical  press,  and  a  portion  of 
the  general  literature  of  the  day  were  filled  with  glowing 
accounts  of  what  had  been  accomplished  during  the 
preceding  hundred  years.  Almost  every  phase  of 
progress  was  described,  according  to  the  views,  idiosyn- 
crasies, peculiar  tastes,  experience,  or  knowledge  of  the 
respective  writers.  The  descriptions  varied  in  matter 
and  style,  but  all  agreed  at  least  in  this — that  the  progress 
made  was  marvellous  in  almost  every  respect,  as  regards 
the  United  Kingdom  and  its  colonies  and  dependencies, 


2  LABOUR   LEGISLATION 

in  expansion,  population,  and  wealth,  and  in  commerce 
and  trade,  the  sources  of  wealth.  The  following  pages 
are  devoted  to  the  progress  of  labour — its  rights  and 
duties  as  recognised  by  the  State. 

2.  Expansion  of  Empire. — The  "  Australian  Common- 
wealth "  was  created  and  constituted  at  the  close  of  the 
nineteenth    century  ;    the   celebration   of  the   event,  and 
formalities  in  connection  with  it,  form  part  of  the  annals 
of  the  year  of  grace,   1901.     At  the   commencement  of 
the  nineteenth  century  Australia  was  little  known,  even 
to  writers  on  geography,  or  to  Government  officials  whose 
duties  lay  in  that  direction.     To  the  mass  of  the  English 
people  it  was  only  known  as  a   "  penal   settlement  " 
Botany  Bay,  chiefly,  and  as  such  hated.     That  vast  con- 
tinent, and  its  adjacent  islands,  have  become  the  home  of 
the   English-speaking    race,    peopled    mostly    by  British 
people.    Australasia  is  immense  in  territory,  with  enormous 
resources,  capable  of  speedy  development.    "The  Canadas 
have  changed  into  the  <4  Dominion  of  Canada,"  with  the 
accession  of  that  vast  territory  known  as  British  Columbia, 
its  seat  of  Government,  for  that  portion,  being  at  Victoria. 
India  was  incorporated  in  the  British  Empire  in   1858,  up 
to  which  date  it  was  under  the  management  and  control  of 
a  chartered   company,  which  ended  in  revolt,  bloodshed, 
and  terrible  atrocities.     The  area  and  population  of  India 
under  the  British  Crown  have  vastly  increased  since  that 
date — it  is  indeed  our  greatest  possession  in  the  world. 
In  Africa  we  have  a  gigantic  stake  ;  in  the  South,  the 
Cape  and  adjacent  territory  ;  in  the  North  we  hold  Egypt  ; 
and  we  are  now  preparing  the  way  for  a  junction  between 
Cairo   and   the  Cape,  with  all  the  mighty  responsibilities 
attaching  thereto. 

3.  British   External   Trade. — With   this  expansion    of 
Empire  and  vast  increase  of  population  under  the  British 
Crown  a  gigantic  British  trade  has  grown  up,  so  colossal 
in    its  magnitude,  that  the  human  mind  is  incapable  of 
grasping   its    proportions.       We    can    only    express    its 
magnitude  upon  paper  ;  to  enable  the  eye  to  measure  it 
we  compare  it  with  other  magnitudes  similarly  expressed, 


INTRODUCTION  3 

and  then  draw  conclusions  as  to  proportion  by  such  com- 
parison. This  only  refers  to  our  external  trade — imports 
from,  and  exports  to,  foreign  countries  and  British 
colonies  and  possessions.  The  carrying  capacity  of  our 
Mercantile  Marine,  for  the  transport  of  produce  and 
manufactures  to  and  from  all  parts  of  the  world,  is 
stupendous.  Our  home  trade — production  and  consump- 
tion— is  immense — apart  from  external  trade  is,  indeed, 
incalculable. 

4.  Scientific  Discovery  and  Inventions. — The  last  half  of 
the    eighteenth    century  was    prolific  in  discoveries    and 
inventions,  but  the  nineteenth  surpassed  it  in  the  applica- 
tion of  such   to   manufactures,  to  transport,  and   to  the 
conditions   of  everyday  life.      The   use  of   water-power 
and  then  steam  as  a  motive  force  were  products  of  the 
eighteenth  century  ;  but  the  practical  application  of  steam 
for  the  purposes  of  locomotion,  navigation,  and   manu- 
facturing   processes    belong    to  the    nineteenth    century. 
Gas  was  first  used  for  lighting  purposes  in  its  first  decade, 
though  its  discovery  may  have  been  made  earlier.     Elec- 
tricity, magnetism,  and  allied  forces  had  been  subjects  of 
experiment  from  the  days  of  Newton,  Priestly,  Faraday, 
and  others,  and  some  idea  of  their  practical  utility  for  the 
service  of  man  had  dawned  upon  the  minds  of  several  at 
an  early  date.     But  it  was  only  in  the  nineteenth  century 
that  these  forces  were  made  applicable  for  the  transmission 
of  messages  to  the  farthermost  ends  of  the  earth  :  for 
lighting  purposes,  as  a  substitution  for  gas,  and  then  for 
locomotion.     These  inventions,  developments,  and  appli- 
cations have,  as  it  were,  annihilated  time  and  space,  or  at 
least    have    rendered    those  terms    elusive,   almost    unin- 
telligible, as  used  and  understood  a  hundred  years  ago. 
They   have  changed   the  whole  conditions  of  life,  com- 
mercial, manufacturing,  industrial,  and  social,  in  all  essential 
respects. 

5.  Industrial  Revolution. — In  all  that  concerns  industry 
and  the  social  life  of  the  workers  the  changes  are  quite 
as  great  as  in  other  departments,  if  not  quite  so  obvious 
and  striking.     Domestic  industry  has  given  place  to  huge 


4  LABOUR    LEGISLATION 

manufacturing  concerns.  Instead  of  master  and  man  and 
an  apprentice  or  two — the  master  a  worker  and  teacher— 
we  have  employers  on  a  vast  scale,  with  thousands  of 
employes.  Hence  the  necessity  for  collective  bargaining, 
which  in  the  old  times  was  scarcely  needed.  One  example 
must  suffice.  In  the  textile  trades  :  Arkwright,  a  barber, 
and  Kay,  a  clockmaker,  invented  throstle  spinning  with 
the  water-frame.  Then  Hargreaves  invented  his  spinning 
jenny.  Up  to  1765  all  cotton  threads  were  spun  by  the 
fingers  ;  the  jenny  could  spin  twenty  ends  at  once.  Then 
Crompton,  of  Bolton,  invented  the  "  mule"  ;  the  first 
machine  completed  enabled  him  to  spin  fifty  ends  at  once 
of  the  finest  counts.  The  "  mule,"  in  principle  very  little 
altered,  now  spins  thousands  of  ends,  up  to  five  hundred 
counts,  as  fine  as  a  gossamer's  web,  and  employs  millions 
of  people  in  the  manufacture.  Between  1780,  when 
Crompton  was  enabled  to  work  his  invention,  and  1825 
our  purchases  of  cotton  increased  from  6,766,613  Ibs.  to 
147,147,000  Ibs.,  thus  adding  more  than  ^20,000,000 
annually  to  our  national  resources.1  In  weaving  the 
power-loom  superseded  the  hand-loom  similarly.2  In  all 
industrial  enterprises  progressive  development  has  been 
the  same,  though  not  quite  so  strikingly  rapid  in  its 
results. 

6.  Newer  Industries. — Mechanical  inventions,  the 
science  of  chemistry,  and  other  developments  have 
created  newer  industries,  instituted  newer  processes  and 
methods.  The  power  of  production  has  been  almost 
infinitely  increased,  and  consumption  has  almost  kept  pace 
with  it.  The  changes  have  been  greater  and  more  mani- 
fest in  some  industries  than  in  others.  The  most  signal, 
perhaps,  is  in  the  textile  trades.  But,  to  the  general  eye, 
engineering  would  probably  take  the  lead.  A  century  ago 
— what  was  it  ?  A  name  ?  Scarcely.  The  term 
"mechanic"  was  known,  "machinery"  was  known, 
but  "  engineer  "  hardly.  Now  the  term  "  engineering  "  re- 

1  See  "Life  of  Crompton,"  by  Gilbert).  French,  1859  ;  and  William 
Morgan,  Bow  Churchyard  Review,  January,  1901. 

2  See  Baines's  "History  of  the  Cotton  Manufacture,"   1825. 


INTRODUCTION  5 

presents  the  greatest  known  force  in  the  universe,  creating 
and  controlling  the  most  beneficial  mechanical  power 
conceivable,  and  also,  alas  !  the  deadliest  engines  of 
destruction. 

7.  Printing  and  Paper    'Trades. — A    century   ago    the 
printing   press  was  shackled,   limited    in  extent,  and   its 
influence  retarded.     The  paper  trade  was,  in  a  sense,  in  its 
infancy.     Both   have    developed    amazingly  ;    they    have 
been  perfected   by  inventions,   new   processes,    and    new 
applications.     Wealth   has  increased  beyond  the  dreams 
of  avarice.     Health  and  luxury   have    advanced,  and  in 
that  advance  all  sections  of  the  people  have  participated, 
albeit  unequally.     Still    all    have    shared.     Progress    has 
touched  everything ;  if  it  has  not  effected  all  that  could 
be  desired,  it  is  because  evolution  works  slowly,  often- 
times imperceptibly. 

8.  Social  Condition  of  the  People. — Great  as  the  progress 
has  been  in  the  directions  mentioned,  and  in  others  not 
indicated,  it  has  been  nearly  as  great  in  respect  of  labour. 
This  may  not  be  so  obvious  to  the  public,  not  even  to 
statesmen  and  politicians,  as  in  the  cases  referred  to  ;   but 
that  arises  from  the  fact   that  we  judge  of  social  and 
economical  conditions  by  what  we  see.     We  compare  the 
present  with  the  present.     In   other  words,   we  see  the 
divergence  of  classes,   in   their  social   relations,  as  they 
exist — the   poor    and    the  wealthy,   the   worker  and  the 
capitalist — and   then    cry   out    as   to  the    disparity  ;   the 
indigence  of  the  one  as  compared  with  the  luxuriousness 
of  the  other  affords  a  striking  contrast.     Hence  we  some- 
times hear    of   the   rich    growing  richer   and  the   poor, 
poorer,   a  doctrine  as   untrue  as  it  is  repugnant  to  our 
sense  of  justice. 

In  order  to  understand  the  subject  here  dealt  with,  and 
to  estimate  the  progress  made,  it  is  essential  that  we 
should  go  back  one  hundred  years,  and  describe  things 
as  they  were  in  relation  to  labour  ;  the  position  of  the 
workpeople  as  regards  rates  of  wages,  the  hours  of  labour, 
the  conditions  of  employment.  To  what  extent  they 
were  protected,  or  rather  unprotected.  What  was  the 


6  LABOUR   LEGISLATION 

real  value  of  wages  in  commodities — the  price  of  food, 
clothing,  &c.,  &c.  How  the  working  classes  were 
housed,  how  relieved  in  sickness  and  old  age.  How 
educated,  what  their  recreations  were.  What  their  social 
status  was  as  men  and  as  citizens.  How  they  were 
treated  as  men  and  as  workmen.  Under  what  laws 
were  they  governed,  and  how  were  those  laws  adminis- 
tered. All  these  matters  lie  at  the  root  of  the  question 
— What  has  labour  legislation  done  for  the  people  ? 

9.  Population,  Famine,   Food-sullies. — At  the   census 
date,  1 80 1,  the  total  population  is  estimated  to  have  been 
16,345,646.     The  respective  figures  were  :  England  and 
Wales,   8,892,536;  Scotland,   1,608,420;  and  estimated 
for    Ireland,    5,319,867  ;    the    Channel    Islands,    82,810. 
For  some  years  previously  there  had  been  serious  anxiety 
as  to  the  possibility  of  feeding  the  people,  and  staving  off 
famine.     Starvation  there  was,  sadly   enough  ;  privation 
among  the   masses  was   general.     Importation  of  food- 
stuffs  was    prohibited    to    a    large    extent,    or   was    so 
hampered    with    customs    duties    that    prohibitive    prices 
prevailed.     The    disturbed    state    of    Europe,    and    the 
French  wars    in  which  we   were   engaged,  sometimes  in 
alliance   with  other  States,  and   sometimes  almost  alone, 
rendered    free    importations   difficult,   if  not    impossible, 
even  if  our  fiscal  policy  had  been  such  as  to  have  admitted 
imports  freely.     But,   in  reality,   Free  Trade   was    then 
only  a  dim  dream,  foreshadowed  indeed  by  Adam  Smith, 
and   perhaps    believed  in  by  the  few  who  had  read  his 
"  Wealth    of    Nations,"    in    which    such    a    dream    was 
enshrined. 

10.  Inclosure  of  Commons. — The  one  great  remedy  pro- 
posed was  the  inclosure  of  commons  and  the  cultivation 
of  waste  lands.     In  1795  Sir  Jonn  Sinclair  proposed  and 
obtained  a  Select  Committee  to  inquire  into  this  subject, 
the  outcome  of  which  was  three  Reports,  dated  respec- 
tively (i)  December  23,  1795  ;  (2)  April  27,  1797  ;  and 
(3)  April  17,  1800.     The  resolutions  in  the  first  Report 
declared  :   (#)  "  That  the  cultivation  of  Waste  Lands  and 
Commons  is  one  of  the  most  important  objects  to  which 


INTRODUCTION  7 

the  attention  of  Parliament  can  possibly  be  directed." 
(£)  "That  the  granting  of  a  bounty  to  encourage  the 
cultivation  of  potatoes  "  would  be  of  the  greatest  value. 
(c)  That  a  Bill  be  prepared  to  facilitate  "  the  division 
and  inclosure  of  Waste  Lands  and  Commons."  The 
Committee  reported  that  there  were  "  22,000,000  acres 
of  waste  and  unenclosed  lands  in  the  kingdom,  all  of 
which,  except  1,000,000  acres,  were  capable  of  improve- 
ment." The  second  Report  dealt  with  the  number  of 
private  Inclosure  Acts,  their  cost,  and  the  acreage  of  lands 
so  inclosed.  In  the  four  reigns  of  Queen  Anne,  George 
I.,  II.,  and  III.,  down  to  the  date  of  the  Inquiry,  1,776 
Acts  had  been  passed,  the  extent  of  land  inclosed  being 
3,142,073  acres.  The  third  Report,  December,  1800, 
dealt  with  the  fees  and  costs  of  Inclosure  Bills.  The 
essence  of  the  Reports  was  that  a  general  Inclosure  Act 
should  be  passed  to  facilitate  inclosures  and  cheapen  the 
cost.  The  common  lands  were  to  be  filched  from  the 
people  by  Parliamentary  sanction,  the  same  to  be  handed 
over  to  landowners  and  lords  of  manors  at  a  minimum 
cost.  And  a  proposal  was  made,  but  not  embodied  in 
law,  to  give  a  bounty  to  the  new  owners  to  enable  them 
to  cultivate  the  land.  The  outcome  of  it  all  was  that 
in  the  three  years,  1798-9  and  1800,  there  were  180  new 
Inclosure  Acts,  inclosing  369,740  acres,  making  a  total 
of  1,956  Acts,  inclosing  3,511,814  acres  from  1702  to 
the  end  of  1800.  From  that  date  to  1845  no  fewer 
than  2,060  new  Inclosure  Acts  were  passed,  inclosing 
2,801,612  acres  ;  making  a  total  of  4,016  Acts,  inclosing 
an  aggregate  of  6,323,426  acres  up  to  1845,  when  the 
process  of  inclosure  was  arrested  to  some  extent  near  to 
the  metropolis  and  other  large  towns.  This  was  the 
wiseacre  policy  of  the  State,  at  the  instance  of  the  land- 
owning interests,  to  stave  off  famine  or  food  scarcity.1 

1 1 .  Cost  and  Scarcity  of  Provisions. — The  question  of 
feeding  the  people,  and  averting  threatened  famine,  was 
complicated  by  the  alleged  failure  of  crops  in  two 

1  I  exonerate  Sir  John  Sinclair  from  bad  intention,  but  his  policy 
was  bad. 


LABOUR   LEGISLATION 

seasons  successively  ;  but  the  public  journals  generally 
denied  that  the  lessened  production  justified  the  high 
prices  of  wheat  and  other  grain.  The  legislature  thought 
the  same,  apparently,  for  the  export  of  such  produce  was 
prohibited.  The  price  of  corn  in  the  second  week  in 
March,  1801,  ranged  from  1843.  to  1873.  per  quarter 
in  two  counties,  to  i68s.  per  quarter  in  Middlesex.  In 
the  other  counties  the  prices  ranged  from  1253.,  the 
lowest,  to  1 8os.  per  quarter.  The  difficulties  and  cost 
of  transit  would  account  for  some  variations  in  price. 
Efforts  were  made  to  prevent  "  cornering,"  by  "  fore- 
stalling "  and  "  regrating,"  so  as  to  arrest  artificial  prices ; 
but  those  efforts  were  of  little  avail.  In  order  to  avert 
starvation  an  Act  was  passed  in  1800  to  enable  flour 
merchants  and  bakers  to  mix  barley  and  oatmeal  with 
flour.  But  on  February  5,  1801,  a  Bill  was  brought  in 
by  Mr.  Yorke  to  repeal  such  Act,  because  of  its  being 
"  grossly  abused,  and  had  not  answered  its  object/'  On 
that  day  the  Bill  was  read  a  first  and  second  time,  and  on 
the  day  following  it  passed  through  Committee,  was  read 
a  third  time,  and  passed.  Parliament  thus  resented  the 
rascality  of  purveyors  of  adulterated  food,  if  it  failed  to 
propose  an  adequate  remedy.  Parliament  also  sanctioned 
proposals  and  provisions  for  the  limitation  of  the  use  of 
bread  by  the  wealthier  classes,  and  the  King  adopted 
measures  for  that  purpose  in  the  Royal  household.  All 
this  was  well  meant  enough,  but  the  Court  and  the  rich 
had  plenty  of  all-sufficient  substitutes — for  u  man  does 
not  live  by  bread  alone."  The  action,  however,  indicates 
how  near  the  country  was  to  a  disastrous  famine. 

12.  Assize  of  Bread  and  Evasion. — The  high  price  of 
provisions  continued  such  that  a  Select  Committee  was 
appointed  to  inquire  into  the  subject  and  report.  Mr. 
Ryder  brought  up  the  Committee's  Report  on  February  12, 
1 80 1.  The  quartern  loaf  in  London,  as  declared  by  the 
"  whole  assize,"  was  fixed  by  the  Lord  Mayor  at  is.  jd. ; 
at  the  next  assize  at  is.  5Jd.,  then  to  is.  6d.,  and  bakers 
were  not  allowed  to  expose  for  sale  any  bread  until  it 
"  had  been  baked  twenty-four  hours  at  least,"  But  the 


INTRODUCTION  9 

price  went  up,  until  at  one  period  it  reached  is.  njd. 
the  4-lb.  loaf.  Rice  and  other  substitutes  were  extensively 
used  to  stave  off  famine.  And  then  comes  this  notable 
paragraph  in  the  public  journals  :  "  The  further  rise  of 
bread  cannot  fail  to  excite  the  most  serious  attention, 
more  especially,  if  true  (and  it  seems  to  have  been  true), 
that  upwards  of  twenty  ships  laden  with  corn  have 
remained  in  the  river  [Thames]  more  than  a  fortnight, 
for  want  of  warehouse  room  to  receive  their  cargoes." 
The  people  starving,  and  warehouses  so  overful  that  there 
was  no  room  for  more  grain  !  Horrible !  So  dear  was 
corn  and  other  grain  that  horses,  cattle,  and  pigs  were 
denied  the  use  thereof,  or  the  quantity  was  stinted  to  the 
smallest  proportions.  Hay  also  was  dear,  so  that  not 
only  man  but  beast  had  to  be  content  with  limited 
rations.  The  artificers  and  others  employed  at  Ports- 
mouth Dockyard  decided  by  resolution  to  abstain  from 
the  use  of  butter,  cream,  milk,  and  potatoes  until  the 
prices  had  been  reduced  to  certain  stated  rates  ;  one  of 
the  men,  who  had  purchased  the  prohibited  articles  above 
the  stipulated  price,  was  "horsed"  by  his  comrades,  and 
was  carried  about  with  indignity  and  then  expelled  from 
their  "fraternity." 

13.  Conduct  of  Corn  Merchants,  &c. — The  exasperation 
against  "  regrators  and  forestallers  "  was  such  that  public 
meetings  were  held  to  denounce  them,  some  being  prose- 
cuted. Warrants  were  "  issued  for  the  apprehension  of 
twelve  regrators  and  forestallers  at  Sheffield,"  but  it  was 
found  that  the  ancient  laws  of  the  Saxons,  and  of  later 
periods,  were  repealed  in  1772  by  the  12  Geo.  III.  "It 
was  the  last  Act  but  one,  passed  in  a  very  thin  House,  by 
the  same  Parliament  that  entered  into  the  American  War." 
The  tone  of  the  Press  against  what  the  Saxons  called 
u  ingrossing  and  forestalling  "  was  most  severe.  In  one 
instance,  where  a  jury  had  returned  a  verdict  of  guilty, 
the  judge  said  "  that  they  had  conferred  a  benefit  upon 
their  country  greater  than  any  jury  had  ever  done  before." 
In  commenting  thereon  one  journal  said  :  "  A  greater 
crime  never  yet  existed,  nor  is  there  any  to  be  compared 


io  LABOUR   LEGISLATION 

with  it,  in  the  extent  of  its  mischievous  operation."  The 
prosecution  and  conviction  of  some  offenders  caused  a 
panic  for  a  time,  but  the  practice  continued.  It  was 
proven  in  evidence  that  corn,  in  some  cases,  had  been 
sold  six  times  over,  in  one  and  the  same  market,  to  be 
resold  possibly  as  many  more  times,  ere  it  reached  the 
consumer  as  bread.  The  inhabitants  of  Newbury,  Berk- 
shire, resolved  to  discontinue  the  use  of  butter  until  the 
price  was  reduced  to  is.  per  Ib.  Other  towns  protested 
against  the  high  price  of  provisions  in  various  parts  of  the 
kingdom.  It  was  not  so  much  actual  scarcity  that  was 
complained  of;  it  was  artificial  scarcity,  by  keeping  back 
corn  and  other  provisions,  and  thereby  enhancing  the 
price.  The  people  starved  while  speculators  grew  rich. 
It  was  denounced  as  a  base  conspiracy  against  the 
community  by  the  Press. 

14.  Hunger  and  Bread  Riots. — Privation  to  the  verge 
of,  if  not  to  actual,  starvation  led  to  bread  riots  in  London 
and  in  the  provinces.     At  Dartford,  in  Kent,  "  a  Quaker, 
who  was  a  large  miller,  was  hanged  in  effigy  by  the  mob." 
In  the  Blackfriars  Road  a  corn  dealer  who  had  been  con- 
victed of  "  regrating "  had  his  furniture  destroyed  and 
his  house  damaged  ;  but  the  mob  gave  free  passage  to 
the  wife  and  children  to  escape  unhurt.     Riots  occurred 
in    Mark    Lane,  in    the  Borough,  and  elsewhere.     The 
rioters   were    dispersed    by   the    military  ;   hunger   was 
opposed,  but  not   appeased,  by  cold  steel.     It  is  a  sad, 
sad  story — the  records  of  hunger  and  bread  riots — at  the 
close  of  the  eighteenth  and  the  dawn  of  the  nineteenth 
century. 

1 5.  The  Corn  Laws. — It  is  even  sadder  still  to  remember 
that  the  evils  continued,  more  or  less,  up  to  1 846  by  the 
operation  of  the  Corn  Laws.     Prices  were  kept  up  arti- 
ficially  in  periods  of  plenty  by  bounties  ;  in  seasons  of 
alleged  scarcity  because  of  the  partial  scarcity  ;  and  then, 
also,  by  withholding  the  produce  corn  growers,  landlords, 
merchants,  millers,  and  others    maintained  their   profits, 
though   the   people  were   unfed    or    underfed.     Hunger, 
discontent,  rioting^  and    evils    connected  therewith  con- 


INTRODUCTION  n 

tinued  in  each  of  the  four  first  decades  of  the  nineteenth 
century,  and  until  the  Corn  Laws  were  repealed  in  1846. 
Suffering  dulled  the  edge  of  sorrow,  and  men,  grown 
desperate,  faced  death  by  rifle  and  bayonet  as  an  escape 
from  the  miseries  of  a  poverty-stricken  life.  The  evil- 
doers had  the  protection  of  law  and  the  forces  of  the 
Crown  ;  the  sufferers  had  no  remedy,  except  resistance  ; 
and  then — the  workhouse,  the  prison,  or  death  in  the 
streets.  The  record  is  a  sad  one.  The  above  is  no 
exaggeration  ;  indeed,  it  is  hardly  possible  to  exaggerate 
in  this  case,  as  those  well  acquainted  with  our  history  at 
that  period  know. 


CHAPTER   II 

ECONOMIC       CONDITIONS WORK,      WAGES,       HOURS       OF 

LABOUR,    &C. 

IT  is  extremely  difficult  to  ascertain  the  exact  rates 
of  wages  prevailing  in  various  industries  at  the 
commencement  of  the  nineteenth  century.  The 
rates  quoted  in  some  of  the  earlier  works — from  1800  to, 
say,  1830 — are  often  fallacious,  as  they  were  the  rates 
chargeable  by  employers  to  customers  for  day-work,  or 
by  the  week,  but  afford  no  clue  to  the  actual  wages  paid 
to  the  workman.  In  general  terms  the  position  was 
this  :  Work  was  scarce,  wages  were  low,  the  hours  of 
labour  were  long,  and  the  conditions  of  employment 
were  altogether  unsatisfactory  from  the  worker's  point  of 
view.  Work  was  scarce  by  reason  of  continental  wars 
and  rumours  of  wars,  except  in  so  far  as  the  Government 
gave  employment  to  those  engaged  in  the  supply  of  war 
material,  transport  services,  and  the  like.  Even  in  the 
agricultural  districts  work  was  uncertain  and  irregular, 
except  for  hired  farm  servants  engaged  at  the  annual 
hiring  fairs.  In  the  textile  trades  women  and  children 
were  employed  greatly  in  excess  of  the  men,  while  in 
other  trades  there  were  fluctuations  and  depressions,  due 
to  the  disturbed  state  of  the  country.  The  development 
of  the  engineering  industries  was  hampered  by  the  pro- 
hibition of  exports  of  machinery,  as  were  other  products. 
The  wonder  is  that  British  industry  was  not  strangled 
altogether,  for  the  iron  hand  of  the  law  was  at  its  throat, 


ECONOMIC   CONDITIONS  13 

and  the  lawmakers  declared  that  the  law's  grip  was  necessary 
to  prevent  extinction  by  some  other  unknown  means. 

1.  Rates  of  Judges. — As  before  stated,  it  is  difficult  to 
ascertain  the  exact  rates  of  wages  in  the  various  industries 
of  the  kingdom  a  hundred  years  ago.     Generally  speak- 
ing, the  rates  of  wages  of  mechanics  and  artisans  ranged 
from  1 8s.  to  2os.,  or  243.  to  253.  per  week,  according  to 
the  locality.     There  was  no  such  thing  as  a  "  recognised 
trade  union   rate,"  except  that  combinations  tried,  where 
possible,  to   fix  a  minimum  in  the  towns  where  a  secret 
union  dared  to  exist.     The  wages  of  hired  day-labourers 
varied  from  93.  or   los.  per  week  to  I2s.,  143.,  or  153.  in 
very  exceptional  cases,  but  the  average  would  not  exceed, 
at  the   best,  los.  or   I2s.  per  week.     In  the  agricultural 
districts  the  wages  of  male  farm  servants  varied  from  6s. 
or  73.  per  week  to  as  high  as  93.  per  week,  but  the  latter 
rate  was  quite  exceptional.     The  real  value  of  those  rates 
of  wages,  with  bread  and  other  provisions  at  the   then 
preposterously  high  prices,  can   be  easily  conceived.     It 
took  fifty  years  to  raise  those  rates  at  the  maximum  to 
303.  per  week  for  mechanics  and  artisans,  to   155.  to  i8s. 
per  week  for  labourers,  and  to  8s.  or   los.  per  week  for 
agricultural  labourers,  and  then  only  in  the  more  prosperous 
districts.     In  the  thirties,  forties,  fifties,  and  even  in  the 
early  sixties,  the   bitter   cry  of  "  starvation  wages "  was 
often  heard  among  the  workpeople,  as  any  one  conversant 
with  British  journalism  will  know.     During  the  first  half 
of  the  nineteenth    century   especially  official  Reports  to 
Parliament  on  the  condition  of  the  people  indicate  priva- 
tion and  want,  while  the  reports  and  speeches  at  Chartist 
conventions  and  meetings  show  existing  distress  to  have 
been  such  that  revolt  was  advocated,  and  even  revolution 
was  more  or  less  publicly  threatened  as  a  means  or  escape 
from  dire  poverty. 

2.  Advance  in  Wages  Movements. — In  the  struggle  for 
increased  wages  the  artisans  and  mechanics  of  London 
were  always  in  the  forefront  of  the  battle.     Manchester,  as 
a  general  rule,  came  next.     In  the  metropolis  it  was  an 
understood  thing   that  wages  should   be   higher  than  in 


14  LABOUR   LEGISLATION 

provincial  towns  ;  in  this  employers  acquiesced,  if  they 
did  not  wholly  agree  with  it,  as  an  economic  principle. 
The  reasons  for  higher  wages  were  higher  rents,  dearer 
provisions,  and  probably  the  long  distances  which  men 
had  often  to  walk  to  their  work.  The  building  trades 
were  often  pioneers  in  wages  movements,  the  operatives 
in  those  trades  having  secured  the  rate  of  303.  per  week 
demanded  in  the  early  fifties,  sought  to  raise  it  to  335.  per 
week,  and,  after  many  disputes,  succeeded  in  establishing 
that  rate.  It  took  years  of  struggle  to  enforce  that  rate 
generally  in  all  London  firms  and  for  all  branches,  for 
employers  always  pleaded  that  discrimination  was  neces- 
sary, the  idea  being  that  333.  should  be  the  maximum 
rate  for  the  best-skilled  workmen,  they  being  the  sole 
judges  of  what  a  man  was  worth.  Manchester  and 
Liverpool  were  engaged  in  a  similar  movement,  and 
then  it  spread  to  other  towns,  not  for  the  same  rate,  but 
only  for  a  proportionate  increase  upon  the  rates  which 
were  being  paid  Labourers  engaged  with  artisans  and 
mechanics  fought  for,  and  obtained,  advances  to  33.  per 
day,  or  i8s.  per  week,  then  to  35.  6d.  per  day,  or  2  is. 
per  week.  In  other  trades  there  were  similar  move- 
ments, not  always  simultaneously,  for  advances  in  wages, 
and,  on  the  whole,  with  success.  The  progress  was  slow  ; 
sometimes  it  was  checked,  but  eventually  the  rates  of 
wages  gradually  went  up  in  almost  all  trades  in  the 
country. 

3.  Hours  of  Labour. — The  hours  of  labour  have  never 
been  uniform  in  all  trades.  They  have  varied  with  the 
nature  of  the  industry.  Formerly  the  variation  was  very 
great ;  latterly  there  has  been  a  tendency  in  the  direction. 
of  uniformity  in  certain  groups  of  trades.  During  nearly 
the  whole  of  the  first  half  of  the  nineteenth  century  the 
working  hours  were  sixty  per  week — a  ten-hour  day  in 
the  building,  engineering,  and  many  other  trades,  the 
workmen  in  which  were  described  as  artisans  or  mechanics. 
In  other  industries  the  hours  were  from  twelve  to  fourteen 
hours  per  day,  that  is  seventy-two  or  eighty-four  hours 
per  week  respectively.  Often  the  hours  were  longer.  In 


ECONOMIC   CONDITIONS  15 

some  industries  they  were  frequently  extended,  as  pay- 
ment for  overtime  was  not  recognised  generally  or  seldom 
made.  If  necessity  required  it  the  workers  must  continue 
at  work — it  was  regarded  as  "  all  in  the  week."  Exces- 
sive working  hours  were  general  in  almost  all  industries. 
The  ten-hours'  day  meant  ten  hours  at  work,  often  ten 
and  a  half.  The  men  had  to  be  in  their  places  at  six 
o'clock  in  the  morning,  leaving  off  at  six  in  the  evening. 
There  was  half  an  hour  for  breakfast,  an  hour  for  dinner, 
and  in  some  trades,  though  not  universally,  "  a  watering 
half-hour  "  for  tea.  The  first  step  taken  was  to  give  up 
the  tea  half-hour,  and  leave  work  at  5.30  p.m.,  but  even 
this  was  resisted,  although  it  did  not  curtail  the  ten-hour 
day.  The  reason  was  that  many  firms  did  not  grant  the 
tea  half-hour,  but  merely  allowed  a  "  potman  "•  to  go 
round  with  beer,  when  about  five  minutes  were  allowed, 
just  "  to  straighten  the  back."  The  next  step  was  to 
leave  work  at  four  o'clock  on  Saturdays,  thus  reducing 
the  week  to  fifty-eight  and  a  half  hours.  But  this  was 
not  obtained  easily,  as  employers  generally  resisted  it. 

4.  Reduction  of  Working  Hours. — The  building  opera- 
tives of  London  took  the  lead  in  the  movement  for  shorter 
hours  on  Saturdays,  the  first  great  strike  for  which 
occurred  at  the  new  Houses  of  Parliament  during  the 
erection  of  that  famous  pile  of  buildings.  That  contest 
being  won,  the  path  was  smoothed  for  further  successes. 
To  some  extent  the  public  sympathised  with  the  move- 
ment for  shorter  hours  on  Saturdays,  to  enable  workmen's 
wives  to  do  their  shopping  at  earlier  hours.  Gradually 
the  discontinuance  of  work  at  four  p.m.  on  Saturdays 
became  general,  though  it  was  many  years  before  the  con- 
cession operated  throughout  the  whole  country.  In  1859 
the  building  operatives  of  London  were  again  to  the 
forefront,  this  time  with  the  demand  for  a  nine-hours' 
day.  It  was  resisted,  a  great  strike  and  lock-out  followed, 
lasting  many  months.  At  last  a  settlement  was  effected 
on  the  basis  of  payment  by  the  hour,  with  the  concession 
of  two  hours  on  Saturdays,  leaving  work  at  one  o'clock 
instead  of  four,  the  workmen  giving  up  the  dinner  hour, 


16  LABOUR   LEGISLATION 

12  noon  till  i  p.m.  Years  afterwards  the  full  Satur- 
day half-holiday  was  conceded,  the  operatives  leaving 
work  at  noon.  The  Ten  Hours'  Act,  passed  in  1 847, 
practically  fixed  the  working  hours  of  factory  operatives 
to  sixty  hours  per  week,  although  it  was  primarily  intended 
for  women  and  children  only.  In  other  trades  and  indus- 
tries shorter  hours  have  been  gradually  introduced,  though 
not  always  to  the  same  extent,  or  even  proportionately. 
Sixty  hours  per  week  are  now  regarded  as  excessive  in 
any  industry,  though  even  now  some  work  to  that  extent, 
and  some,  alas  !  even  longer. 

5.  Conditions  of  Employment. — Vast  improvement  in 
the  conditions  of  employment  has  taken  place  as  a  result 
of  trade  union  action  and  of  popular  sentiment.  The 
legislature  has  done  much  in  this  direction,  both  as  regards 
health  and  safety,  in  the  Factory  and  Workshops  Acts,  the 
Mines  Regulation  Acts,  and  other  specific  Acts,  as  well 
as  by  the  Public  Health  Acts.  Little  improvement  was 
manifest  during  the  first  half  of  the  nineteenth  century, 
but  some  steps  had  been  taken  to  pave  the  way,  which 
helped  to  ensure  the  objects  aimed  at.  Health  and  safety 
have  to  a  large  extent  been  secured,  the  responsibility 
being  thrown  upon  the  employer.  In  other  respects  also 
the  legislature  has  stepped  in,  as,  for  example,  in  the 
matter  of  payment  of  wages.  In  the  earlier  years  of  the 
nineteenth  century,  up  to  and  during  the  early  sixties, 
wages  were  often  withheld  until  late  on  Saturday  nights  ; 
they  were  then  frequently  paid  in  public-houses,  with  the 
usual  results.  Men,  in  London  especially,  were  accus- 
tomed to  walk  long  distances — four,  five,  six,  or  more 
miles — to  and  from  their  work.  There  were  no  cheap 
trains,  no  trams  or  'buses.  They  had  to  be  in  their 
places  at  six  o'clock  in  the  morning  or  lose  time.  In  the 
Manchester  district  the  men  were  able  to  arrange  with 
employers  for  "walking  time,"  in  the  event  of  long 
distances  ;  in  which  cases  the  men  had  to  be  at  a  certain 
starting-point  at  six  o'clock,  the  remainder  of  the  distance 
being  walked  in  the  employer's  time,  with  a  stipulation  as 
to  mileage  time.  In  numerous  other  ways  the  conditions 


ECONOMIC   CONDITIONS  17 

of  employment  have  been  improved  and  made  more 
endurable,  as  compared  with  the  earlier  decades  of  the 
nineteenth  century. 

6.  Taxation — Imperial  and  Local. — Though  the  fiscal 
policy  of  this  country  does  not  concern  us  here,  in  this 
connection,  taxation,  in  so  far  as  it  affected  the  industrial 
and  social  condition  of  the  masses  of  the  people,  does.  In 
the  then  state  of  the  nation,  with  grim  poverty  at  the 
door,  every  penny  paid  in  taxes  reduced  the  purchasing 
power  of  wages,  and  was  therefore  doubly  burthensome. 
The  "  paws  "  of  customs  and  excise  officials  were  upon 
everything — upon  all  necessaries  of  life,  as  well  as  its 
luxuries.  The  humorous  picture  drawn  by  Sydney  Smith 
in  1820  in  the  Edinburgh  Review  is  so  apt,  witty,  pithy, 
and  true,  that  I  quote  it  in  preference  to  any  description 
of  my  own.  He  says  : — 

"  We  can  inform  Jonathan  what  are  the  inevitable  consequences  or 
being  too  fond  of  glory  :  Taxes  upon  every  article  which  enters  into 
the  mouth,  or  covers  the  back,  or  is  placed  under  his  foot  ;  taxes  upon 
everything  which  it  is  pleasant  to  see,  hear,  feel,  smell  or  taste  ;  taxes 
upon  warmth,  light,  and  locomotion  ;  taxes  on  everything  on  earth  and 
the  waters  under  the  earth  ;  on  everything  that  comes  from  abroad,  or 
is  grown  at  home  ;  taxes  on  the  raw  material — taxes  on  every  fresh 
value  that  is  added  to  it  by  the  industry  of  man  ;  taxes  on  the  sauce 
which  pampers  man's  appetite,  and  the  drug  that  restores  him  to 
health  ;  on  the  ermine  which  decorates  the  judge  and  the  rope  which 
hangs  the  criminal  ;  on  the  poor  man's  salt  and  the  rich  man's  spice  ; 
on  the  brass  nails  of  the  coffin,  and  the  ribands  of  the  bride — at  bed  or 
board,  couchant  or  levant,  we  must  pay.  The  school  boy  whips  his 
taxed  top  ;  the  beardless  youth  manages  his  taxed  horse,  with  a  taxed 
bridle,  on  a  taxed  road  ;  and  the  dying  Englishman,  pouring  his  medi- 
cine, which  has  paid  7  per  cent.,  into  a  spoon  that  has  paid  I  5  per 
cent.,  flings  himself  back  upon  his  chintz  bed,  which  has  paid  22  per 
cent.,  and  expires  in  the  arms  of  an  apothecary  who  has  paid  a  licence 
of  a  hundred  pounds  for  the  privilege  of  putting  him  to  death.  His 
whole  property  is  then  immediately  taxed  from  2  to  10  per  cent. 
Besides  the  probate,  large  fees  are  demanded  for  burying  him  in  the 
chancel  ;  his  virtues  are  handed  down  to  posterity  on  taxed  marble, 
and  he  is  then  gathered  to  his  fathers — to  be  taxed  no  more." 

This  was  true  at  the  dawn  of  the  nineteenth  century 
and  up  to   1820,  when  Sydney  Smith  wrote  his  article; 

3 


i8  LABOUR   LEGISLATION 

some  of  the  duties  imposed  were  absolutely  prohibitive  as 
to  articles  used  by  the  poorer  classes. 

7.  As  regards  local  taxation  little  was  done  for  the 
benefit  of  the  community,  local  government  itself  being 
in  its  elementary,  or  degenerate,  stage.  The  rate  most 
complained  of  was  the  Poor's  Rate,  which,  in  the  years 
1 800  and  1 80 1,  "  amounted  to  not  less  than  six  millions 
sterling  per  annum.  Yet  even  this  sum,  so  exorbitant  in 
itself,  and  wrung  with  so  much  difficulty  from  the  hands 
of  the  people,  is  so  far  from  being  adequate  to  the  demands 
of  the  dependent  paupers,  that  many  parishes  are  not 
able  to  relieve  more  than  one-tenth  part  of  the  numbers 
who  apply  for  relief  and  was  in  absolute  want  of  it." 
And  to  the  tenth  part  relieved,  the  guardians  were  not 
able  to  allow  more  than  one-fifth  of  the  necessary  aid 
required.  The  writer  adds  :  "  Is  there  a  human  nerve 
that  does  not  thrill  with  horror  at  a  picture  so  fully 
substantiated  ?  "  l 

8.  Dwellings  of  the  Poor  and  Sanitation. — We  hear 
much  about  the  "housing  of  the  working  classes "  to-day ; 
a  century  ago  that  note  was  never  heard,  except,  perhaps, 
the  cry  may  have  arisen  in  the  loathsome  hovels  where 
fever  lurked,  fed  by  hunger.  Later  on,  when  cholera 
swept  away  its  thousands,  in  addition  to  the  ravages  of 
fever  and  small-pox,  some  bold,  brave  men  raised  their, 
voices  in  protest.  But  it  was  not  until  the  danger  to  the 
wealthier  classes  of  those  hotbeds  of  disease  was  made 
known  that  public  attention  was  called  to  the  subject. 
The  inquiry  set  on  foot  by  the  Poor  Law  Commissioners- 
resulted  in  the  Sanitary  Report  on  the  Labouring  Popula- 
tion of  Great  Britain,  published  in  1842  ;  in  that  Report, 
in  the  Local  Reports,  also  published,  together  with  one  on 
the  condition  of  the  working  classes  in  Scotland,  we  can 
see  what  the  condition  of  their  dwellings  was  in  1842. 
The  disclosures  in  those  reports  make  one  wonder  that 
the  people  survived  the  diseases  then  so  prevalent,  especially 
as  bad  and  insufficient  food  and  foul  water  were  the  chief 
sustenants  of  the  suffering  poor.  Sanitation  there  was 
1  See  Monthly  Magazine,  No.  69,  1801. 


ECONOMIC  CONDITIONS  19 

none.  Open  drains  and  cesspools  were  but  traps  ;  and  one 
witness,  the  surveyor  for  Shoreditch,  declared  that  the 
best  way  to  deal  with  filth  was  to  pour  it  into  the  open 
gutter  in  the  street,  in  front  of  their  own  doors,  for  the 
sun  to  dry  it,  or  be  swept  away  by  rain.  The  "  great 
unwashed,"  as  the  people  were  described  to  be,  had  little 
chance  of  cleanliness  ;  water  was  scarce,  soap  was  taxed, 
and  dear.  Common  decency  was  well-nigh  impossible  in 
the  overcrowded  rooms  inhabited  by  the  poor.  Health 
and  morals  were  alike  contaminated  by  foul  air,  in  crowded 
rooms,  where  both  sexes  indiscriminately  lived,  fed,  and 
slept. 

9.  Initial  steps  towards  Improvement. — The  descrip- 
tions given  in  this  and  the  previous  chapter  apply  generally 
to  the  whole  of  the  first  half  of  the  nineteenth  century. 
Steps  had  been  taken  in  some  directions,  if  only  by 
inquiry,  as  in  the  case  of  public  health.  The  first 
Sewers*  Act  in  London  was  only  passed  in  1848.  Some- 
thing had  also  been  done  for  factory  workers  and  for 
miners,  following  the  Inquiry,  in  1840-42.  In  1846, 
also,  the  Corn  Laws  were  abolished — "  free  ports  "  giving 
to  the  people  cheaper  and  better  food.  Nevertheless,  the 
condition  of  the  people  was  still  deplorable  throughout 
the  fifties.  The  workers  were  only  slowly  emerging  into 
light,  and  the  faint  glimmerings  of  that  light  fed  their 
discontent.  When  they  had  clamoured  for  bread,  they 
beheld  plenty,  but  it  was  out  of  reach.  Hunger  inflamed 
men,  and  some  more  daring  than  the  rest  saw  only  one 
way  out  of  the  evil — rioting,  with  possible  revolution. 
The  State  saw  only  one  remedy — force,  the  suppression  of 
discontent.  Hence,  at  times,  during  the  years  up  to  1850 
more  especially,  lawlessness  was  common  ;  insurrection 
was  openly  advocated  ;  conflicts  with  the  authorities  took 
place,  resulting  in  broken  heads,  if  nothing  worse.  Then 
followed  prosecutions,  convictions,  imprisonments,  trans- 
portations. It  was  a  period  when  heroes  and  martyrs 
in  humble  life  arose  to  fight  labour's  battles,  the  only 
quality  wanting  in  them  was  prudence.  And  yet,  perhaps, 
prudence  might  have  been  cowardice  in  many  instances. 


2O 


LABOUR   LEGISLATION 


Let  us  think  kindly  of  those  pioneers,  for  they  won  for 
this  and  succeeding  generations  the  freedom  now  enjoyed 
and  the  many  advantages  that  have  made  life  more 
worth  living  than  it  was  a  hundred  or  even  fifty  years 
ago. 


CHAPTER  III 

ENACTMENTS,      SPECIAL      AND      GENERAL,     ADVERSE      TO 
LABOUR. 1. 

r  I  ^HE  term  "  adverse,"  as  used  above,  is  an  exceedingly 
mild  one  as  regards  many  of  the  statutes  included 
in  the  category  ;  it  is  chosen,  however,  so  as  to  include 
the  less  mischievous  as  well  as  the  vicious  and  needlessly 
cruel.  The  two  preceding  chapters  briefly  describe  the 
adverse  conditions  affecting  the  people  generally,  all 
sections  more  or  Jess,  but  more  especially  the  poorer 
classes.  Whatever  was  bad  affected  them  most ;  and  the 
poorer  they  were,  the  more  severely  did  they  feel  privation 
and  want,  and  also  the  afflictions  which  resulted  from  the 
distress  and  misery  they  had  to  endure.  The  state  of  the 
nation  as  a  whole  was  bad  in  the  earlier  decades  of  the 
nineteenth  century  ;  all  grades  felt  the  far-reaching  effects 
of  heavy  taxation  and  high  prices  ;  but  those  effects  were 
on  a  graduated  scale,  increasing  in  pressure  and  severity 
from  apex  to  base,  the  latter  sustaining  the  superincumbent 
weight,  the  crushing  power  of  which  became  insupport- 
able. We  have  now  to  consider  the  special  grievances  of 
the  workers  caused  by  legal  enactments  which  prevented 
them  from  bettering  their  condition  by  associative  effort 
and  mutual  help.  The  helplessness  of  the  working  popu- 
lation was  intensified  by  isolation  ;  individual  action  was 
resented  and  punished ;  combined  action  was  unlawful  and 
liable  to  criminal  prosecution  ;  the  persons  so  offending 
were  on  conviction  imprisoned  or  transported.  The 


22  LABOUR    LEGISLATION 

series  of  adverse  enactments  specifically  affecting  labour 
comprise  the  following  arranged  in  groups.1 

i.  'The  Combination  Laws. — Under  this  head  a  number 
of  statutes  had  accumulated,  some  of  which  had  scarcely 
been  designed  to  operate  in  quite  the  same  way,  or  to  the 
same  extent,  as  in  the  aggregate  they  did  operate,  at  the 
dawn  of  the  nineteenth  century.2  The  term  "combina- 
tion "  was  used  to  cover  all  kinds  of  associations,  which 
term  had  a  bitter  flavour  on  the  palate  of  the  governing 
and  otherwise  ruling  classes.  They  forgot,  or  ignored, 
Burke's  famous  distinction  in  the  sentence  :  "  When 
wicked  men  conspire,  good  men  should  combine."  There 
was  everywhere  a  wicked  conspiracy  against  labour,  but 
labour  was  not  allowed  to  protect  itself  by  combination. 
In  reality  no  right  of  association  was  recognised  as  lawful, 
except,  in  a  narrow  sense,  friendly  societies,  legalised  in 
1793,  simply  as  local  sick  clubs  ;  for  they  also  came  within 
the  Corresponding  Societies'  Acts,  if  they  had  branches,  or 
"  corresponded "  with  each  other.  This  disability  was 
not  removed  until  1 846,  when  friendly  societies  were 
exempted  from  the  operation  of  these  Acts.  The  fact 
that  societies  did  exist,  in  spite  of  prohibition,  only  proves 
their  necessity.  Men  dared  the  legal  penalties  ;  they 
became  heroes  and  martyrs  in  defence  of  what  was  a> 
natural  and,  in  a  broad  sense,  constitutional  right,  though 
filched  from  them  by  statute  law,  "  for  reasons  of  State," 
or  for  political  reasons,  to  serve  the  purposes  of  the  Crown, 
the  court,  or  the  factions  of  the  times,  without  regard  to 
equity,  common  justice,  or  the  welfare  and  advancement 
of  the  people.  Liberty  was  regarded  as  a  noxious  weed, 
which  might  choke  the  seeds  of  obedience  ;  therefore  it 


1  Only  sections  relating  to  labour  are  summarised,  but  those  relating 
to  political  action  also  applied. 

2  For   an   account  of  the  old  guilds,  their    constitution  ;  methods 
and  means  ;  their  distribution  ;  statutes  of  Elizabeth,  and  legislation 
in  the  reigns  of  later  monarchs ;  rise  of  the  manufacturing  system  ; 
attempts  at   combination,  &c.,   see  Dr.   Brentano's    Essay,    "  English 
Gilds,  1870  ;  and  HowelPs  "Conflicts  of  Capital  and  Labour,"  2nd  ed., 
1890. 


ENACTMENTS   ADVERSE   TO    LABOUR  23 

must  be  uprooted  and  destroyed.     Such,  apparently,  was 
the  view  of  the  then  educated  classes. 

2.  Statutes  in  Force. — The  total  number  of  enactments 
enumerated  as  being  in  force  in  1824,  and  scheduled  to 
be  repealed  in  the  5  Geo.  IV.,  c.  95,  "  Combinations  of 
Workmen,"  was  thirty-four,  commencing  with  33  Edw.  I., 
St.  II.,  indexed  as  <c  Conspiracy-Criminal  Law,"  about 
1304-5,  and  ending  with  57  Geo.  III.,  c.  122,  in  1817, 
covering  a  period  of  about  512  years.  It  would  occupy 
far  too  much  space  to  summarise  minutely  the  whole  of 
those  enactments  in  chronological  order,  nor  is  it  necessary 
to  do  so  ;  still  a  brief  abstract  is  essential  to  a  proper 
understanding  and  appreciation  of  the  crushing  disability 
of  their  provisions  as  regards  labour.  There  is  one 
peculiarity  to  be  noted  in  the  series  of  enactments  under 
review,  namely,  their  increasing  severity  and  comprehen- 
siveness. For  example,  the  "  Act  to  Prevent  Unlawful 
Combinations  of  Workmen,"  dated  July  12,  1799  (39 
Geo.  III.,  c.  81),  was  less  severe  than  the  one  substituted 
for  it  in  1799-1800  I  (39  &  40  Geo.  III.,  c.  106)  ;  and 
the  provisions  of  the  latter  were  further  strengthened  by 
the  Act  of  1801  (41  Geo.  III.,  c.  38).  The  tendency  in 
the  nineteenth  century,  when  the  tide  had  turned  in  favour 
of  labour,  was  the  reverse.  The  contrast  is  the  more 
striking,  inasmuch  as  the  Act  last  quoted  was  passed  in 
the  first  Parliament  of  the  United  Kingdom  in  1801. 
There  would  seem  to  be  a  period  in  legislative  repression 
when  the  arm  of  the  legislator  grows  tired,  or  his  faculties 
recoil  from  the  use  of  mere  modes  of  punishment.  There 
were  cases  indeed  where  juries  refused  to  convict,  because, 
on  conviction,  the  penalties  far  exceeded  what,  in  their 
opinion,  the  justice  of  the  case  demanded.  This,  how- 
ever, was  seldom  the  case  in  respect  of  offences  under  the 
Combination  Laws. 


1  "  One  of  the  first  Acts  of  the  Imperial  Parliament  will  be  for  the 
prevention  of  conspiracies  among  journeymen  tradesmen  to  raise  their 
wages.  All  benefit  clubs  and  societies  are  to  be  immediately  sup- 
pressed "  (The  Times,  January  7,  1800). 


24  LABOUR   LEGISLATION 

3.  Synopsis   of    Provisions    in    Force,    1800—1824  : — 

(1)  If  any  artificers,  workmen,  or  labourers  shall  conspire,  &c.,  that 
they  will  not  work  but  at  a  certain  rate  or  price,  or  shall  not  enterprise 
to  finish  that  which  another  has  begun,  or  shall  do  but  a  certain  work 
in  a  day,  or  shall  not  work  but  at  certain  hours  and  times,  each  offender 
shall,  on  conviction  by  witness,  confession,  or  otherwise,  forfeit  for  the 
first  offence  j£io  to  H.M.,  if  the  same  be  paid  within  six  days,  and  if 
not,  shall  be  imprisoned  twenty-one  days,  with  bread  and  water  for 
their  sustenance  ;  and  for  a  second  offence  shall  forfeit  £20  to  H.M., 
or,  in  default  of  payment,  as  above,  shall  be  pilloried  ;  and  for  the  third 
offence  shall  forfeit  ^40,  or,  on  default  payment  as  above,  shall  lose  one 
of  his  ears,  and  be  deemed  infamous,  and  not  to  be  credited  on  oath  in 
any  matters  of  judgment.     The  "pillory"  is  omitted  in  the  later  Act, 
as  that  was  abolished,  in  such  cases,  in  I8I6.1 

(2)  All  contracts,  covenants,   and  agreements  soever,  in  writing  or 
not,  at  any  time  heretofore  (viz.,  July  29,  1800)  entered  into  between 
any  journeymen,  manufacturers,  or  other  persons  within  this  kingdom, 
(G.  B,),  for  obtaining  an  advance  in  wages,  lessening  or  altering  hours 
of  labour,  or  decreasing  the  quantity  of  work,  &c.,  ...  or  for  prevent- 
ing any  person  from  employing  whomsoever  he  shall  think  proper  to 
employ  in  his  manufacture,  or  business,  or  for  controlling  or  affecting 
any  person   carrying  on   the   same  in   the    management    thereof,  are 
declared  illegal.     In  this  section  (39  &  40  Geo.  III.,  c.  106,  §  i)  all 
contracts,  covenants,  and  agreements  already  made  are  declared  void, 
except  any  personal  contract  between  a  master  and  his  journeyman. 

(3)  No  journeyman,  workman,  or  other  person  shall  be  concerned 
in  making  or  entering  into  such  contract,  covenant,  or  agreement,  in 
writing  or  not,  as  is  hereinbefore  declared  illegal  ;  and  any  person  on 
conviction  of  any  such  offence  within  three  calendar  months,  on  his 
own  confession,  or  the  oath  or  oaths  of  one  or  more  credible  witnesses, 
before  any  two  justices  of  the  county,  city,  or  place  where  the  offence 
was  committed,  shall,  at  their  discretion,  be  committed  to  gaol  for  not 
more  than  three  calendar  months,  or  to  some  house  of  correction  within 
the  same  jurisdiction,  to  be  kept  to  hard  labour  for  not  exceeding  two 
calendar  months.     Provision  is  made  for  administering  oaths  in  all  such 
cases. 

(4)  Every  journeyman,  workman,  or  other  person  who  shall  enter 
into  any  combination  to  obtain  an  advance  of  wages,  or  to  lessen  or 
alter  the  hours  or  duration  of  working,  or  to  decrease  the  quantity  of 
work,  or  for  any  other  purpose  contrary  to  this  Act  ;  or  who  shall  by 
giving  money,  or  by  persuasion,  solicitation,  or  intimidation,  or  any 
other  means,  wilfully  endeavour  to  prevent  any  unhired  or  unemployed 
journeyman,  &c.  (as  above),  or  other  person  wanting  employment  in 
any  manufacture,  trade,  or  business,  from  hiring  himself  to  any  manu- 
facturer, tradesman,  or  other  person  ;  or  who  shall,  for  the  purpose  or 


1  I  feel  obliged  to  preserve  the  redundant  phraseology  of  the  Acts, 
to  show  their  real  character. 


ENACTMENTS  ADVERSE  TO   LABOUR  25 

obtaining  an  advance  of  wages,  or  for  other  purpose  contrary  to  this 
Act,  wilfully  decoy,  persuade,  solicit,  intimidate,  influence,  or  prevail, 
or  attempt  to  prevail  on  any  journeyman,  &c.,  or  other  person,  to  quit 
his  work,  or  employment ;  or  who  shall  hinder  any  manufacturer,  &c., 
from  employing  such  journeyman,  &c.,  as  he  shall  think  proper  ;  or 
who  being  hired  or  employed  shall,  without  just  cause,  refuse  to  work 
with  any  other  hired  journeyman,  or  workman  employed,  and  who  shall 
be  convicted  of  any  of  the  said  offences  on  his  own  confession,  or  the 
oath  of  one  or  more  credible  witnesses,  before  two  justices,  &c.,  within 
three  calendar  months  after  the  offence  committed,  shall,  by  order  of 
such  justices,  be  committed  to  the  common  gaol  for  not  exceeding 
three  calendar  months,  or  to  the  house  of  correction,  to  be  kept  for 
hard  labour  for  not  exceeding  two  calendar  months. 

(5)  Every  person  soever  who  shall  attend  any  meeting,  held  for  the 
purpose  of  making  any  contract,  covenant,  or  agreement,  by  this  Act 
declared  illegal,  or  of  entering  into,  or  carrying  on  any  combination  for 
any  such  illegal  purpose  ;   or  who  shall  summon,  or  give  notice  to, 
persuade,  solicit,  or  by  intimidation  or  other  means  endeavour  to  induce 
any  journeyman,  workman,  or  other  person  employed,  to  attend  any 
such  meeting  ;  or  who  shall  ask  or  receive  any  sum  of  money  from  any 
such  journeyman,  &c.,  to  enter  into  any  such  combination,  or  who 
shall  pay  any  money,  or  enter  into  any  subscription  towards  the  support 
of  any  such  illegal  meeting  or  combination,  shall,  on  conviction,  suffer 
such  punishment,  as  above. 

(6)  No  person  soever  shall  pay  or  give  any  sum   of   money  as  a 
contribution  for  paying  expenses  incurred  by  any  person  acting  con- 
trary to  this  Act,  or  by  payment  of  money  or  other  means  of  support, 
or  contribute  to  support  any  journeyman,  &c.,  in  order  to  induce  him 
to  refuse  work,  or  be  employed,  on  penalty  not  exceeding  £  10  from 
such  offender,  and  ^5  from  the  journeyman,  for  collecting  or  receiving 
any  money  or  valuable  for  any  of  the  above  purposes,  one  moiety  to 
H.M.,  and  the  other,  in  equal  shares,  to  the  informer  and  the  poor  of 
the  parish  ;  and  every  such  offence  may  be  heard,  and  conviction  made 
on  the  oath  of  one  or  more  credible  witnesses,  by  two  justices  for  the 
county,  city,  or  place  where  the  offence  was  committed.     If  the  penalty 
is  not  forthwith  paid,  they  shall  issue  a  warrant  to  levy  the  same  by 
distress  and  sale  of  offender's  goods,  with  costs  thereof;  and   if  no 
sufficient  distress  can   be   had,  shall    commit  the  offender  as  in  the 
previous  sections. 

(7)  Every  person  liable  to  be  sued  for  contributing  money  for  any 
of  the  above  purposes  shall  be  obliged  to  answer  on  oath  to  any  infor- 
mation preferred  against  him,  in  any  court  of  equity,  by  the  Attorney- 
General    on    behalf  of  H.M.,   or,   at    relation  of  any  informer,   for 
discovering  sums  so  paid,  and  shall  not  refuse  to  answer  by  reason  of 
any  penalty  to  which  he  may  be  liable  by  his  discovery  ;  and  the  court 
may  make  such  decree  therein  as  seems  to  them  just. 

(8)  Provision  made  in   respect  of  payment  into  court,  and  making 
full  "discovery  of  all  funds  and  securities,  and  as  to  penalties,  &c. 

(9) 'Every  offender   against    this  Act    may  be    compelled    to   give 
evidence,  as  a  witness  on  behalf  of  H.M.,  the  prosecutor,  or  informer, 


26  LABOUR   LEGISLATION 

on  any  information  against  any  other  person,  not  being  such  witness, 
and  every  person  giving  such  evidence  is  indemnified. 

(10)  Provision    made   for  issue   of  summons,    and    of  warrant  for 
apprehension,  if  offender  fails  to  appear  ;  or  warrant  without  previous 
summons,  if  informer  believes  that  offender  may  abscond. 

(11)  Provision  made  for  summoning  witnesses,  and  issue  of  warrant 
if  they  refuse    or  neglect  to   attend.     On  refusal  to  give  evidence, 
witness  may  be  committed  to  gaol  till  he  submits  to  give  evidence. 

(12)  Provision  as  to  form  of  conviction  and  of  committal.     Forms  in 
each  case  given  in  the  schedules  of  41  Geo.  III.,  c.  38,  and  previous  Act. 

(13)  Provision  as  to  endorsement  and  transmission  of  conviction  by 
justices  to  quarter  sessions,  as  a  record,  and  in  case  of  appeal. 

(14)  Provides  that  justices  shall    continue  to  use  and   execute  all 
powers  and  authorities  given  them  in  any  statutes  in  force,  touching 
combinations  of  workmen,  settlement  of  disputes,  or  as  to  wages,  hours 
of  working,  quantity  of  work,  and  matters  contained  in  this  Act. 

(15)  Employers  not  authorised  to  employ  any  workman  contrary  to 
this,  or  any  statute  in  force,  without  consent  in  writing  of  a  justice  of 
the  peace  ;  provides  also  for  refusal  to  work  by  such  workman,  or  mis- 
conduct of  same,  and  applies  penalties  given  in  other  sections. 

(16)  No  justice  of  the  peace  who  is  an  employer  in  the  particular 
trade  or  manufacture  in  which  offence  is  committed  to  act  in  the  case. 

(17)  All  contracts,  in  writing  or  not,   between  masters  and  others 
for  reducing  wages,  adding  to  or  altering  usual  hours  of  working,  or  for 
increasing  quantity  of  work   declared  void  j   penalties  on  conviction 
stated,  and  also  mode  of  recovery  of  same,  &c. 

(18)  Provides  for  arbitration,  in  case   of  labour  disputes,  by  mutual 
consent,  and  also  by  request  of  one  of  the  parties,  in  writing,  signed  by 
such  ;  if  by  one  party,  then  he  may  require  the  other  party  to  name 
the   other  arbitrator.     Power  is  given  to  summon  witnesses,  and  to 
adjudicate,  &c. 

(19)  Provision  is  made  in  case  the  arbitrators  fail  to  agree  and  sign 
their  award,  within  three  days  after  the  parties  have  agreed  to  sub- 
mission and  signed,  for  either  party  to  require  the  arbitrators  to  go 
before  a  justice,  who  had  power  to  determine  the  dispute  ;  to  examine 
witnesses,  and  punish  them  on   refusal  to  attend    or  give  evidence. 
They  may  be  apprehended  on  a  warrant,  and  committed  to  the  house 
of  correction  till  they  submit  to  be  examined,  &c. 

(20)  The  parties  concerned  allowed  to  extend  the  time  for  making 
the  award,  in  form  directed,  by  endorsement,  on  the  back  of  the  sub- 
mission, signed  by  the  parties,  in  presence  of  a  witness. 

(21)  The   submission    and    award  may  be    written    on   unstamped 
paper,  to  the  effect  set  forth  in  the  schedule. 

(22)  Two  parts  of  the  submission  to  be  engrossed,  one  for  each  party. 

(23)  Where  arbitration  is  demanded,  submission  signed,  and  arbi- 
trator appointed  by  either   party,   and   the  other  refuse  to  sign  and 
appoint  arbitrator  within  the  time  limited,  the  latter  may,  on  con- 
viction before  two  justices,  be  fined  £10,  one  moiety  to  go  to  H.M., 
and  one  to  the  poor  of  the  parish.     There  is  the  same  power  of  com- 
mitment to  gaol,  &c.,  if  the  fine  be  not  paid. 


ENACTMENTS   ADVERSE   TO   LABOUR  27 

(24)  Power   is    given   to  appeal  to  general  or  quarter  sessions,  if 
aggrieved  at  judgment  of  the  justice   or  justices  ;  the  party  or  parties 
to  enter  into  recognisance,  with  two  sureties,  to  pay  costs,  and  abide 
judgment ;  in  default  to  be  committed  to  gaol. 

(25)  All  actions  to  be  commenced  within  three  months,  in  proper 
county,  &c. 

The  above  is  but  a  condensed  abstract  of  provisions  in 
several  Acts. 

4.  Nature  and  Effects  of  Foregoing  Provisions. — The 
atrocious  character  of  the  provisions  here  summarised  is 
such  as  to  make  one  doubt  whether  such  enactments  were 
possible,  and  still  more  to  wonder  that  they  were  in  force 
during  the  first  quarter  of  the  nineteenth  century.  Con- 
tracts, covenants,  and  agreements  between  persons,  freely 
entered  into,  are  declared  void,  and  the  parties  thereto  ren- 
dered liable  to  penalty  by  fine  or  imprisonment.  The 
provisions  were  also  retrospective.  Summonses  and 
warrants  were  issued  at  the  instance  of  one  person, 
who  might  be,  often  was,  a  common  informer,  interested 
personally  to  the  extent  of  one-fourth  of  the  penalty. 
Cases  were  determined  by  two  justices,  both  of  whom 
being  employers  of  labour,  except  that  they  must  not 
be  personally  interested  in  the  particular  trade,  &c.,  in 
which  offence  was  committed.  But  they  were  of  the 
employing  class  in  whose  interests  the  enactments  were 
passed.  The  section  relating  to  employers  acting  together 
to  reduce  wages,  increase  working  hours  or  quantity  of 
work  was  a  fraud,  its  object  being  to  appear  to  be  fair 
to  both  parties.  No  cases  of  this  kind  seem  to  have 
arisen  under  this  section.  The  imposition  of  a  fine  was 
not  less  a  fraud,  for  workmen  could  not  pay,  and  there- 
fore imprisonment  was  their  doom.  Their  fellows  could 
not  help  them  to  pay,  or  they  too  would  be  guilty  of  a 
like  offence.  To  read  such  enactments  is  enough  to 
make  one  almost  hate  the  term  "law"  in  relation  to  labour. 
One  of  the  most  atrocious  of  the  provisions  is  that  the 
offender  was  put  on  oath  and  compelled  to  give  evidence 
against  himself  or  suffer  the  penalties  on  refusal.  Alas  ! 
alas  !  that  the  legislature  by  enactment  should  thus  have 
endeavoured  to  strangle  labour. 


CHAPTER   IV 

ENACTMENTS,      SPECIAL      AND      GENERAL,     ADVERSE      TO 
LABOUR II. 

THE  series  of  enactments  comprised  in  this  group 
were  general  in  character,  being  mainly  directed 
against  political  associations  and  movements,  but  they 
were  capable  of  being  used,  and  were  used,  as  weapons 
against  labour  whenever  workmen  sought  or  attempted 
to  better  their  condition  by  means  of  popular  assembly, 
by  association,  or  by  the  aid  of  the  Press.  The  applica- 
tion of  the  provisions  in  the  several  statutes  here  included 
was  even  more  serious  than  those  in  the  Combination 
Laws,  because  the  penalties  and  punishments  were  more 
cruelly  severe,  and  the  prosecutions  were  frequently,  if 
not  usually,  by  order  of  the  Government,  in  which  the 
common  informer  always  played  a  conspicuous  part. 

II.  Conspiracy ',  Seditious  Assemblies,  Sedition,  &c. — Only 
those  in  force  at  the  beginning  of  the  nineteenth  century, 
and  which  were  still  in  force  for  the  next  twenty-five 
years,  are  here  included.  Eight  statutes — 11  Hen.  VII., 
c.  3  ;  3  and  4  Edw.  VI.,  c.  5  ;  i  Mary,  Session  I.  ; 
i  Eliz.,  c.  16  ;  23  Eliz.,  c.  2  ;  16  Chas.  II.,  c.  4; 
36  Geo.  III.,  c.  8  ;  and  41  Geo.  III.,  c.  31 — had  already 
been  repealed  or  had  expired,  other  statutes  being  sub- 
stituted in  their  stead. 

i.  Enactments  in  Force  1800-1825. — The  u  Act  for 
the  more  Effectual  Suppression  of  Societies  Established 
for  Seditious  and  Treasonable  Purposes,  and  for  Better 
Preventing  Treasonable  Practices" — 39  Geo.  III.,  c.  79, 
commonly  called  Mr.  Pitt's  Act — was  amended  by 
57  Geo.  III.,  c.  19;  by  60  Geo.  III.,  c.  6;  and,  as 


ENACTMENTS  ADVERSE  TO   LABOUR  29 

to  recovery  of  penalties,  by  39  Geo.   III.,  c.  79  ;  and, 
Power  of  Justices,  by  51   Geo.  III.,  c.   65. 

2.  Corresponding    Societies   Act. — The   principal    Act, 
39    Geo.    III.,    c.    79,   is   generally  cited  as  the  "  Cor- 
responding   Societies    Act,"     1799  ;    it    was    originally 
intended    as    a    means    of    suppressing    certain    societies 
then   existing,    especially    "  all   the    societies    of  United 
Englishmen,   United   Scotchmen,    United   Irishmen,   the 
London,"    to   which  were   added    "  and   all   other    cor- 
responding  societies   are   suppressed    and    prohibited   as 
being    unlawful    combinations    against    H.M.    Govern- 
ment   and    peace    of    his    subjects."      There    was    an 
outburst   of  feeling  against    the  Bill   when    it  was  first 
proposed  by  Mr.  Pitt  in  1795,  which  was  founded  upon 
two  proclamations  with  respect  to  recent  outrages  and 
meetings  held  in  and  near  London.     Mr.  Fox  and  others 
opposed  the  Bill  vigorously.     A  great  meeting  was  held 
in    Palace  Yard  with   Mr.   Fox  in   the  chair,  when  the 
measure  was  denounced  by  the  chairman  "  as  a  daring 
attempt  upon  your  liberties — an  attempt  to  subvert  the 
Constitution   of   England."     In    spite  of  all   opposition 
the  Bill  was  carried.     Commenting  upon  it,  Sir  Thomas 
Erskine  May  says  :   "  The  series  of  repressive  measures 
was    now  complete.      We   cannot  survey  them  without 
sadness.  .  .  .  The  popular  Constitution  of  England  was 
suspended."  l     The  excesses  at  that  period  no  one  justi- 
fies ;  but  they  were  mostly  the  result  of  attempts  to  gag 
the   Press,  to  silence   opposition,  and  to  prevent  public 
assemblies  ;  and  Mr.  Fox  declared  that  it  was  better  to 
repeal    such    Acts    and    give    to  the  people   full    liberty 
to  discuss  grievances  in  public  as  we  now  do. 

3.  Illegal  Societies •,   &c.>   Described. — The    provisions 
for  the  suppression  and  prohibition  of  all  other  societies 
soever  declared  that — 

(i)  The  members  whereof  who  shall,  according  to  the  rules  thereof, 
be  required  to  take  any  unlawful  oath  within  provisions  of  37  Geo.  III., 


1  "Constitutional    History   of  England"    (fourth  edition,  vol.  ii. 
page  330). 


30  LABOUR   LEGISLATION 

c.  123,  or  any  oath  not  required  by  law;  and  every  society  the 
members  whereof,  or  any  of  them,  shall  take  or  bind  themselves  to 
any  such  oath  on  becoming,  or  in  consequence  of  being  members 
thereof;  and  every  society  the  members  of  which  shall  take,  subscribe, 
or  assent  to  any  test  or  declaration  not  required  by  law  or  authorised 
as  hereinafter  mentioned  .  .  .  and  every  society,  composed  of  different 
branches,  acting  distinctly  from  each  other,  or  of  which  any  part  shall 
have  any  separate  president,  &c.,  or  other  officer  elected  for  it,  shall 
be  deemed  illegal  societies,  and  every  member  thereof,  or  person  cor- 
responding with  any  such  society,  branch,  committee,  president,  &c., 
or  other  officer  or  member  thereof,  as  such,  shall  be  guilty  of  an 
unlawful  combination  and  confederacy.  In  this  section  the  net  is 
spread  so  wide  as  to  include  every  kind  of  association  except  the 
following  : — 

(2)  Exemptions. — This  section  shall  not  extend  to  any  meeting  or 
society  of  Quakers  or    to    any    meeting,    &c.,    formed    for   religious 
or  charitable  purposes  only,  and  where  no  other  matter  is  discussed. 
But  it  did  apply  to  Friendly  Societies,  as  sanctioned  by  law  in  1793,  up 
to  1846. 

(3)  Provision  is  made  to  exempt  societies  and  members  thereof  if 
the  objects,   rules,  declarations,  &c.,  are  sanctioned  by  two  justices, 
to  be  valid  until  the  next  general    sessions,  and  then  only  if  sanc- 
tioned by  a  majority  of  the  justices  then  present.     If  not  confirmed, 
then  the  provisions  of  the  statute  to  apply  thereafter. 

(4)  No  former  member  of  any  such  society  shall  be  liable  to  the 
penalties  hereof  unless  he  act  as  such  after  this  Act  passed. 

(5)  Freemasons'  lodges  are  expressly  exempted  from  the  provisions 
of  the  Act  if  they  act  in  conformity  with  the  rules  of  the  societies. 

(6)  This  exemption  not  to  apply  to   any  such  society  unless  two 
members  certify  on  oath  that  such  society,  &c.,  has,  before  this  Act 
was  passed,  been  conducted  as  a  society  or  lodge  of  Freemasons  in 
conformity  with  its  rules. 

(7)  Provisions  as  to  registration  of  such  certificate  and  enrolment  of 
same  among  the  records  of  the  county,  &c.     On  complaint,  by  any  one 
person,  on  oath,  the  justices   have  power   to  revoke   certificate   and 
dissolve  meeting  and  punish  members  under  the  Act. 

(8)  Every    person    guilty    of   any    unlawful    combination    herein 
dissolved  may  be  proceeded  against  before   one  or  more  justices,  or 
by  indictment,  &c.,  and  every  person  convicted  thereof  on  the  oath 
of  one  witness  (and  he  might  be  a  common  informer)  shall  be  com- 
mitted to  gaol  for  three  months  or  fined  £20  ;  if  proceeded  against  by 
indictment,  may  be  transported  for  seven  years  or  imprisoned  for  two 
years,  as  the  court  may  see  fit. 

(9)  Gives  power  to  justice  or  justices  to  mitigate  the  punishment  or 
penalty  to  one-third  the  maximum  as  above. 

(10)  If  prosecuted  in  summary  way  beiore  justices,  and  then  con- 
victed or  acquitted,  the  person  not  to  be  again  proceeded  against  for 
the  same  offence. 


ENACTMENTS  ADVERSE  TO   LABOUR  31 

(i  l)  Provides  that  prosecution  under  any  other  Act  is  not  cancelled 
by  the  passing  of  this  Act. 

(12)  Nothing  herein  provided  shall  discharge  any  person  in  custody 
at  the  passing  of  this  Act  or  person  held  on  bail  or  recognisance. 

(13)  Seditious   Meetings. — Any  person  who  shall  knowingly  permit 
any  meeting  of  any  society  hereby  declared  to  be  an  unlawful  con- 
federacy, or  any  branch  or  committee  thereof,  to  be  held  in  his  house, 
shall  for  first  offence  forfeit  £$,  and  for  any  other  such  offence  be 
deemed  guilty  of  unlawful  confederacy,  &c. 

(14)  Any  two  or  more  justices  on  evidence  on  oath  that  any  meeting 
or  society  hereby  declared  an  unlawful  confederacy,  or  for  any  seditious 
purpose,  hath  been  held  at  any  licensed  house,  may  declare  licence 
forfeited,  the  keepers  liable  to  all  penalties  incurred. 

(15)  Every  house,  room,  field,  or  other  place  in  which  any  person 
shall  publicly  read,  or  in  which  any  lecture  or  discourse  shall  be  pub- 
licly delivered,  or  any  debate  had  on  any  subject,  for  the  purpose  ot 
raising  money,  &c.,  or  person  admitted  by  payment,  or  agreement  to 
pay,  for  refreshment  or  otherwise  ;  and  every  house,  &c.,  or  place 
opened  or  used  as  a  meeting-place  for  the  reading  of  books,  pamphlets, 
newspapers,  or  other  publications,  and  to  which  any  person  is  admitted 
by  payment  or   by  ticket,  &c.,  shall  be  deemed  a  disorderly  house, 
unless  previously  licensed  as  such.     The  person  by  whom  such  house, 
&c.,  shall  be  opened  or  used  shall  forfeit  j£ioo  to  person  suing  for  the 
same,  and   be   otherwise  punished  as  the  law  directs   in  such  cases. 
Any  person  presiding  or  conducting  such  meeting,  publicly  reading, 
delivering   lecture,   debating,  or    furnishing   book  ;    and   any   person 
paying  or  receiving  money,  &c.,  shall  forfeit  .£20,  and  be  liable  to 
other  penalties  mentioned  in  the  Act. 

(16)  Every  person  hereafter  acting  as  master  or  mistress  or  manager 
of  such  house  or  place  shall  be  deemed  the  opener,  and  liable,  &c. 

(17)  Any  justice  or  justices  who  shall,  by  information  on  oath,  have 
reason  to  suspect  any  house  or  part  thereof  is  so  used,  may  demand 
admittance,  and  on  refusal  such  house  shall  be  deemed  a  disorderly 
house,  &c.,  within  both  Acts,  the  person  refusing  to  forfeit  £20. 

(18)  Licensed  Houses. — Provides  for  licensing  house,  room,  or  other 
building  for  the  express  purposes  mentioned  in  the  licence,  for  a  period 
not  exceeding  one  year. 

(19)  Any  justice,  &c.,  may  demand  admission  ;  penalties  on  refusal. 

(20)  Any  such  licensed  house  in  which  seditious  or  immoral  lectures 
are  delivered,  or  where  publications  of  that  character  are  kept,  may  be 
closed. 

(21)  Other  licensed  houses  may  allow  readings  or  lectures,  but  if 
such  are  seditious  or  immoral  the  licence  may  be  forfeited. 

(22)  The  Universities,  Gresham  College,  &c.,  are  exempted. 

(23)  Petitioning  Parliament,  &c. — It  is  not  lawful  for  any  person 
to  convene  or   call   together,   &c.,   any   meeting  of  more  than    fifty 
persons  in  Westminster  or  Middlesex,  or  within  one  mile  of  West- 
minster Hall,  except  in  parish  of  St.  Paul,  Covent  Garden,  and  except 


32  LABOUR   LEGISLATION 

parish  meetings  of  St.  John's  and  Margaret's,  for  the  purpose  of 
petitioning  Parliament  or  H.M.  for  alteration  of  matters  in  Church 
and  State,  and  any  assembly  for  such  purposes  shall  be  deemed  an 
unlawful  assembly,  except  called  for  electing  members  of  Parliament. 
(24)  All  societies  and  clubs  called  Spenceans,  &c.,  and  all  other 
societies  and  clubs  holding,  or  professing  to  hold,  their  doctrines,  &c., 
shall  be  utterly  suppressed  as  unlawful  combinations  and  confederacies 
against  the  King  and  Government,  and  peace  and  security  of  his 
subjects. 

4.  Seditious  Meetings,  Societies,  &V. — The  Act  of  1817 
(57    Geo.    III.,    c.    19)    dealt    with    seditious    meetings, 
societies,  riot,  &c.     It  mainly  repeated  the  provisions  in 
previous  Acts,  the  object  being  to  make  the  enactments 
more  stringent  in  cases  where  they  were  supposed  to  be 
weak.     For  example — 

1 I )  As  to  oaths,  not  words  only,  but  "  signs "  of  assent,  were  con- 
strued as  an  offence.     Again,  "  indirectly  "  communicating  with  one 
another    constituted  an    offence,   if  directly  doing  so  could   not   be 
proved,    as    regards    corresponding    societies,    evidence   as    to    which 
might  be  given  by  a  common  informer.     In  fact  the  object  appears  to 
have  been  to  constitute  constructive  treason  or  sedition   by  look  or 
sign,  and  to  render  the  accused  liable  to  criminal  prosecution,  with  all 
the  penalties  attaching  thereto. 

(2)  Freemasons    are    again    exempted.     Provisions   as    to    holding 
meetings,  meeting-places,  and  persons  attending  are  repeated,  and  the 
penalties  are  restated.     Also  as  to  licensed  houses  at  which  meetings 
are   held,  or   alleged  to   have    been    held,   the    occupier    being  held 
responsible,  as  well  as  those  present  at  such  gatherings. 

(3)  Provides  for  the  recovery  of  penalties  by  warrant,  distress,  and 
sale,  and    in   default  imprisonment.     Any  action    against  justices    or 
officers,   &c.,   for   act    done   to    be    within    three    months  ;    same    in 
Scotland.     Forms  as  to  matters  set  forth  in  the  schedule. 

(4)  Nothing  in  Act  to  supersede  other  enactments   for  punishing 
offences    described   herein.     Prosecution    may    be     under    any    Act. 
Provision  as  stay  of  action  by  Government.     Provision  as  to  damage 
caused  by  riot,  &c. 

(5)  The  Act  did  not  extend  to  Ireland.     Generally  the  provisions 
of  this  Act  of  1817  were  on  the  lines  of  that  of  1799. 

5.  A  Further  Act. — The  Act  of  1 8 1 9-20  (60  Geo.  III., 
c.  6)  for  more  effectually  preventing  seditious  meetings 
and  assemblies,  proceeds  on  the  same  or  similar  lines  as  in 
previous    Acts.     A  repetition   of  the    provisions   is    not 


ENACTMENTS  ADVERSE  TO   LABOUR  33 

necessary,  except  where  the  language  and  intent  differ,  as 
follows  : — 

(1)  "No  meeting  of  any  description  of  persons  exceeding  fifty  shall 
be  held  for  the  purpose  or  on  pretext  of  deliberating  on  any  public 
grievance,  or  on  any  matter  of  trade,  manufacture,  business,  or  pro- 
fession ;  or  on  any  matter  of  Church  and  State  ;  or  of  considering  or 
agreeing  to  any  petition,  complaint,  declaration,  resolution,  or  address 
on  the  subject  thereof,"  except  and  unless  notice  thereof  be  delivered 
personally  to  a  justice,  signed  by  seven  householders,  &c. 

(2)  The  justice  may  alter  time  and  place  of  such  meeting.     No 
meeting  so  held  to  be  adjourned  to  other  time  or  to  another  place  ;  if 
so  held,  to  be  an  unlawful  assembly,  liable  to  penalties.     Provision  as 
to  persons  who  may  attend  any  meeting  not  exceeding  fifty  persons. 
Any  other   person    attending  liable   to    fine    and    imprisonment,   not 
exceeding  twelve  months,  at  discretion  of  the  court.    Justices,  &c.,  may 
disperse  or  otherwise  deal  with  such  unauthorised  meeting.     Provision 
as  to  proclamation  :  persons  not  dispersing  within  quarter  of  an  hour 
guilty  of  felony,  may  be  transported  for  a  term  not  exceeding  seven 
years.     Form  of  proclamation  given,  and  mode  of  making  it.     Persons 
not  dispersing  may  be  arrested  by  any  person  present.     Penalty  as 
before. 

(3)  Provisions  as  to  arrest,  obstruction,   use  of  arms,  &c.  :  if  any 
person  be  killed  or  hurt  in  refusing  to  depart,  or  resisting  arrest,  &c., 
all  justices  and  others  and  those  assisting  to  be  indemnified.     Those 
sections   not  to   apply  to  meetings   held   in  rooms,   nor   to  meetings 
lawfully  convened. 

(4)  Provision  made  that  no  person  shall  attend  any  meeting  what- 
ever armed  with  any  weapon  of  an  offensive  character,  on  pain  of  fine 
and   imprisonment,   not  exceeding  two  years'     Proviso — this   section 
not  to  apply  to  justices,  sheriffs,  officers,  &c. 

(5)  No  person  to  proceed  to,  be  present  at,  or  return   from  any 
meeting    holden    for    any    purpose    or    pretext    specified,    with    flag, 
banner,   ensign,   device,    badge,    or    emblem,    or    with    music,    or    in 
military  array  or  order,  on  pain  of  fine  and  imprisonment,  as  above. 

(6)  Provision  as  to  sheriffs,  magistrates,  judges,  peace  officers,  &c., 
in  Scotland.     Also  as  to   boundaries  of  parishes  and  townships,  and 
jurisdiction  of  justices  and  others,  in  certain  cases. 

(7)  Provision  as  to  prosecutions  under  other  Acts,  if  need  be  ;  but 
not  if  offender  has  been  prosecuted  under  this  Act. 

(8)  Provision  as  to  recovery  of  fines,  &c.,  in    England,   Scotland, 
and   Ireland,   by  distress,  sale,   and    in    default    imprisonment.     One 
moiety  of  all  fines  to  be  paid  to  informer,  the  other  to  H.M.     Form 
of  conviction  given. 

(9)  Provision  as  to  actions  brought  against  justices,  &c.,  in  England, 
Scotland,  and  Ireland  ;  to  be  within  six  months.     Every  protection  to 
be  given  to  such  justices  and  others  as  to  pleas,  time,  venue,  &c.,  and 
as    to   costs,   in    the    event   of  the  decision  being  favourable   to   the 


34  LABOUR   LEGISLATION 

justices  by  the  prisoner  or  other  as  the  case  may  be.  No  person  to 
be  prosecuted  for  any  offence  under  the  Act,  except  within  six 
months  of  the  matter  for  which  prosecuted. 

(10)  Gives  date  of  commencement  of  the  Act  and  its  duration. 

6.  The  Two  Series  of  Acts  Compared. — The  series  of 
enactments  in  Chapter  II.,  under  the  head  of  Combina- 
tion Laws,  were  specific  as  regards  labour,  all  associations 
of  workmen  for  the  purposes  of  mutual  help  being  pro- 
hibited. The  series  of  enactments  in  Chapter  III.  were 
general  in  character  and  application,  being  aimed  mostly 
at  all  political  organisation,  meetings,  assemblies,  readings, 
&c.  But  one  section  (see  par.  32)  .is  specific  as  to 
"  trade,  manufacture,  business,  or  profession,"  as  though 
even  the  Combination  Laws  were  insufficient  to 
suppress  "  deliberating  on  any  public  grievance,  or  any 
other  matter."  By  those  two  groups  of  enactments 
every  constitutional  right  was  abrogated  as  regards 
public  meeting,  the  discussion  of  grievances,  mutual 
association,  and  mutual  aid.  The  "common  informer" 
was  practically  a  paid  tool  of  the  Government,  for  he 
shared  the  fines  imposed,  this  being  an  incentive  to  his 
activity.  The  justices — "  the  Great  Unpaid  " — belonged 
to  the  employing  class,  and,  for  the  most  part,  they 
readily  lent  themselves  to  the  purposes  of  suppression,  as 
intended  by  the  court  and  the  Government,  armed  with 
such  Acts.  Offenders  against  these  laws  were  mostly  of 
the  poorer  class,  the  sufferers  who,  driven  to  desperation, 
risked  liberty  and  life,  the  alternative  being  privation,  if 
not  actual  starvation.  If  secret  societies  were  instituted 
they  were  but  the  creations  of  repressive  laws.  If 
outrage  and  riot  occurred  they  were  but  the  natural 
outcome  of  stolen  liberties  and  resistance  to  wrong.  All 
those  enactments  continued  in  force  during  the  first 
quarter  of  the  nineteenth  century,  many  to  within  the 
memory  of  men  now  living.  I  have  retained  the  peculiar 
language  of  the  enactments  in  preference  to  any  of  my 
own  ;  it  is  too  expressive  to  be  altered  to  modern  legal 
phraseology. 


CHAPTER   V 

ENACTMENTS,    SPECIAL     AND    GENERAL,    ADVERSE     TO 
LABOUR.  -  III. 


I  ^HE  series  of  enactments  in  the  two  previous  groups 
J_  (Chaps.  III.  and  IV.)  pertain  mainly  to  labour  in 
the  concrete  form  —  that  is,  in  association,  or  combination, 
as  expressed  in  law.  The  series  now  to  be  considered 
pertained  more  especially  to  the  individual  —  that  is,  to  the 
workman  or  labourer.  Liberty  to  combine  was  pro- 
hibited, and  all  infractions  of  the  law  were  subject  to 
severe  penalties.  In  addition  to  which  personal  liberty 
was  regulated  and  controlled  by  law,  as  regards  wages, 
hours  of  labour,  and  conditions  of  employment,  by  a 
variety  of  enactments  dating  from  the  Statute  of  Labourers 
(23  Edw.  Ill,  1349),  covering  a  period  of  over  five 
centuries.  Apprentices,  labourers,  artificers,  handicrafts- 
men of  all  kinds  then  known  to  the  law  were  subject  to 
statutory  regulation,  the  administrators  of  which  were 
justices,  all  of  whom  were  more  or  less  personally  in- 
terested in  keeping  a  tight  hand  upon  workers  of  every 
class,  lest  they  might  misuse  their  freedom,  should  any  be 
conceded  to  them.  The  regulations  in  some  industries 
were  so  minute  that  the  wonder  is  that  the  latter  survived. 
Not  only  were  workmen  denied  the  right  of  associating 
together  to  obtain  better  wages,  but  they  were  forbidden 
to  accept  higher  wages  if  offered  ;  and  employers  were 
prohibited  from  giving  an  increase,  under  pains  and 
penalties.  Justices  were  empowered  to  fix  rates  of  wages  ; 
if  they  neglected  so  to  do  the  workmen  were  not  allowed 


35 


36  LABOUR   LEGISLATION 

to  fix  rates  for  themselves  different  from  the  rates  then 
current  in  the  industry. 

III.  Master  and  Servant  Acts. —  i.  The  number  of 
enactments  in  this  series,  as  enumerated  in  the  first  two 
schedules  of  the  Amending  Act  of  1867,  was  twenty-one, 
the  date  of  the  first  being  1720-1  and  of  the  last  1865. 
In  Burn's  "Justice  of  the  Peace,"  26th  edition,  1831,  the 
enactments  quoted  are  much  more  numerous,  the  whole 
being  arranged  under  thirty-two  heads.  It  would  be  far 
too  tedious,  and  would  serve  no  useful  purpose,  to  quote 
the  titles  of  all  the  Acts,  or  to  mention  separately  all  the 
various  trades  and  occupations  to  which  they  applied. 
Suffice  it  to  say  that  tailors,  shoemakers,  leather  workers, 
textile  operatives,  ironworkers,  and  operatives  in  numerous 
other  industries  are  specifically  named  in  the  Acts,  the 
net  result  being  that  they  covered  all  workers,  artificers, 
labourers,  servants,  and  all  other  workpeople  in  all  the 
industries  of  the  time.  The  earlier  enactments  were 
specific  to  particular  trades ;  in  course  of  time  they 
became  general,  as  in  4  Geo.  IV.,  c.  34,  in  1823,  in 
which  the  provisions  apply  to  apprentices,  artificers, 
servants,  and  others,  all  being  included  in  a  sweeping 
generalisation.  It  is  essential  to  remember  that  the 
enactments  herein  referred  to  were  in  addition  to,  not 
in  substitution  for,  all  the  other  groups  of  Acts  pre- 
viously and  otherwise  dealt  with.  It  should  also  be 
remembered  that  all  the  enactments  were  in  force  in  1831, 
and  many  subsequently  ;  that  twenty-one  of  them  were 
in  force  in  1867,  when  the  application  of  existing  pro- 
visions were  to  some  extent  modified  ;  and  that  most  of 
these  were  still  in  force  up  to  the  year  1875,  when  the 
labour  laws  were  carried  ;  then  only  were  they  finally 
swept  away  by  repeal. 

2.  Synopsis  of  Provisions : — 

(l)  By  the  common  law,  irrespective  or  any  Act  of  Parliament, 
breaches  of  contract  or  default  of  duty  on  the  part  of  workman  or 
servants  towards  their  employers  or  masters,  or  vice  versa,  are  the 
subject  of  a  civil  action  by  which  damages  are  awarded.  This  remedy 
still  exists. 


ENACTMENTS   ADVERSE   TO   LABOUR  37 

(2)  But  from  an  early  period  a  remedy  of  another  kind,  so  far  as 
related  to  breaches  of  contract  or  duty  by  servants  and  workmen,  was 
created  by  Act  of  Parliament.     This  was  extended  from  time  to  time, 
until  it  affected  all  kinds  of  workers,  artificers,  labourers,  servants,  &c. 
Statutory  law  gave  a  summary  remedy  to  employers  and  masters  by 
which  they  could  arrest  and  take  the  offending  person  before  a  justice 
of  the  peace  ;   a  remedy  was  also  given  to  certain  classes  of  servants 
and  others  for  the  recovery  of  wages,  but  no  right  of  arrest  for  breach 
of  contract. 

(3)  Servants  and  others  might    be  summoned  by  their  masters  or 
employers  for  absenting  themselves  from  service,  or  other  misconduct 
in  respect  of  service,  or  a  warrant  might  be  issued  in  the  first  instance 
on   information   on  oath,  at  the  discretion  of  the  justice  ;  or,  in  the 
case  of  not  entering  into  service,  in  the  terms  of  a  written  contract, 
the  offender  might  be  summoned  or  be  arrested  on  warrant,  at  dis- 
cretion. 

(4)  If  the  offence  were  proved,  the  justice  might  adopt  any  one  of 
three  courses  :  (i)  The  offender  might  be  committed  to  the  house  of 
correction,  for  any  term  not  exceeding  three  months,  the  wages,  if 
any,  being  abated,  that  is,  not  accruing  during  the  term  of  imprison- 
ment ;    or   (2)  the  whole  or  any  part   of  the   wages  due   might   be 
abated  ;  or  (3)  the  justice  might  dissolve  the  contract,  that  is,  put  an 
end  to  the  service. 

(5)  There   were   numerous   provisions  in   several  Acts  relating  to 
workmen  in   various  trades  and  employments,  as  to  wages,  hours  of 
labour,  conditions  of  employment,  and  the  like,  all  of  which  handed 
over    to    the    justices    the    power    of    regulating    the    several     trades 
mentioned. 

(6)  As  regards  apprentices,  they  could  summon    their  masters  for 
ill-treatment,   or  ill-usage,   and  upon   such   summons   the    apprentice 
could  be  discharged  ;  or  for  wages  due,  not  exceeding  £  10,  payment 
of  which  might  be  enforced  by  distress.     But  masters  could  proceed 
by  summons  or  warrant  for  absence  from  work  or  other  misconduct, 
the    punishment    for  which   was    abatement    of  wages    or   imprison- 
ment. 

(7)  In  any  case — of  servant,  workman,  or  apprentice — the  justice 
had  power  to  issue  warrant  for  arrest,  instead  of  a  summons,  upon  a 
statement  of  the  facts  on  oath  by  the  master  or  employer. 

(8)  Singularly   enough,   one   of  the  later  Acts,  4  Geo.  IV.,  c.  34, 
passed  in  1823,  gave  no  option  to  the  justices,  this  being  the  Act  in 
general  operation  up  to   1847.     The  master  or  employer  was  served 
with  a   summons   at   the   instance  of  the   complainant,   whereas   the 
workman  or  servant  was  arrested  by  warrant  on  the  complaint  of  the 
master  or  employer  on   oath.      This   was   only  altered   in    1847,  by 
Jervis's  Act,  n  &  12  Viet.,  c.  43,  which  gave  justices  power  to  issue, 
in  the  first  instance,  a  summons  in  all  cases.     The  practice  thereafter 
became  general,  warrants  being  only  resorted  to  in  case  of  defendant 
absconding. 


38  LABOUR    LEGISLATION 

3.  Breach  of  Contract  by  Workmen  Criminal. — (9)  A 
breach  of  contract  by  a  servant  or  workman  was  a 
criminal  offence  ;  the  procedure  was  by  criminal  process  ; 
the  punishment  was  imprisonment ;  whereas  a  breach  of 
contract  by  a  master  or  employer  was  a  civil  offence,  pro- 
cedure by  civil  action,  the  justices  having  no  power  of 
imprisonment,  unless  in  case  of  default  of  distress  or  non- 
payment of  amount  and  costs.  Some  of  the  sapient  legis- 
lators of  the  period  of  the  four  Georges,  and  some  lawyers 
in  more  recent  times,  thought  that  after  all  there  was 
no  inequality  as  applied  to  workmen  ;  and  pleas  were 
urged  to  the  effect  that  servants  and  workmen  had  sum- 
mary remedy  for  wages  unpaid  and  withheld,  and  that 
masters  and  employers  could  be  made  to  pay,  because 
they  had  the  means.  But  those  pleas  do  not  cover  the 
indictment — the  one  class  had  the  option  of  payment  of 
damages,  the  other  had  not.  The  one  class  could  be 
arrested  on  warrant,  the  other  could  not.  Again,  the 
judgment  of  the  justice  or  court  was  by  way  of  "  order  " 
in  the  case  of  a  master,  whereas  it  was  a  "  conviction  "  in 
the  case  of  a  servant  or  workman.  Moreover,  in  any 
complaint  against  a  servant  or  workman  for  the  neglect 
of  work,  &c.,  the  master  or  employer  could  give  evidence, 
whereas  the  servant  or  workman  was  not  a  competent 
witness  on  his  own  behalf.  A  defendant  was  a  competent 
witness  in  proceedings  for  an  "  order,"  but  not  in  pro- 
ceedings for  a  "  conviction." 

(10)  Power   was   given   to  one  justice  to  deal  with  most  cases  of 
master  and  servant,  &c.,  many  of  which  could  be,  and  were,  dealt  with 
by  a  justice  of  the  peace  in  a  private  manner,  in  his  own  house,  with- 
out any  publicity.     This  could  even  be  done,  and  was  done,  notwith- 
standing Jervis's  Act,  in  1847,  after  that  Act  was  passed. 

(11)  Before  the  Act  of  1867  (30  &  31   Viet.,  c.  141)  justices  had 
no  power  to  deal  with  cases  of  complaint  by  masters  against  servants 
by  the  infliction  of  a  fine.     The  three  modes  of  dealing  with  all  such 
cases  were  :  direct  imprisonment,  or  abatement  of  wages,  or  discharge 
from  the  contract  of  service.     The  latter  mode  was  seldom  adopted  ; 
it  was  not  regarded  as  a  punishment.     In   Ireland  fines  or  damages, 
leviable  by  distress,  were  permissible. 

(12)  Cases   of  wilful  damage  were  punishable  summarily,  by  com- 
pensation if  the  value  was  under  £$,  and  a  fine,  not  exceeding  403., 


ENACTMENTS  ADVERSE   TO   LABOUR  39 

or  by  imprisonment  not  exceeding  one  month.  The  procedure  in 
any  of  these  cases  might  be  by  summons  or  warrant,  and  the  case 
might  be  heard  by  one  or  more  justices  in  or  out  of  petty  sessions. 

(13)  In  Scotland  the  jurisdiction  was  practically  the  same  as  in 
England,  though  the  legal  process  was  somewhat  different.  The 
proceedings  might  be  by  citation  (summons)  or  warrant  or  appre- 
hension, in  the  first  instance.  The  latter  was  more  generally  exercised 
up  to  1864,  as  Jervis's  Act  did  not  apply.  Under  the  Summary 
Procedure  Act,  1864,  for  Scotland  (27  &  28  Viet.,  c.  53)  the  option 
was  given  of  summons  or  warrant.  But  even  after  that  the  general 
rule  was  to  issue  a  warrant  for  the  arrest  of  the  offender,  with  interim 
detention  till  the  case  was  tried. 


IV.   Miscellaneous  Enactments  in  Force : — 4. 

(1)  Every  person  between  the  age  of  twelve  and  of  sixty  years,  not 
being  lawfully  retained  nor  an  apprentice,  shall  be  compelled  to  serve 
in  husbandry  by  the  year  by  any  person  requiring  such  person.     The 
exceptions  are  mentioned  of  certain  persons  retained  in  mining  by  the 
year  or  half-year,  makers  of  glass,  scholars,  gentlemen,  and  owners  of 
real  property  (5  Eliz.,  c.  4,  §§  7  &  28). 

(2)  Women  and  girls  between  the  age  of  twelve  and  forty  years 
compellable  to  serve,  if  unmarried  and  not  otherwise  retained,  for  the 
year,  week,  or  day,  at  such  wages  as  two  justices,  or  other  authority 
named,    shall  think    meet  ;    on    refusal    to    be    committed    to   ward 

(§  24). 

(3)  The  term  of  service,  if  not  otherwise  expressed,  shall  be  con- 
strued to  be  for  one  year  ;  so  of  clerks  and  servants  in  general. 

(4)  Refusal  to  obey  orders  to  justify  master  in  dismissal  of  servant 
before  end  of  year,  and  to  withhold  wages  then  due. 

(5)  If  a  servant  marry,  she  must  serve  out  her  time. 

(6)  Power  by  justices  to  fix  rates  of  wages  for  artificers,  labourers, 
and  craftsmen  abolished  by  53  Geo.  III.,  c.  40  (1812-13). 

(7)  Hours  of  labour  fixed   for  all  artificers  and  labourers  from  five 
o'clock  in  the  morning  till  between  seven  and  eight  at  night  between 
March  and   September  ;    meal  times,  &c.,  not  to  exceed  two  and  a 
half  hours,  and  from  dawn  till  dark  in  the  other  months.     Leaving 
work  before  completion — penalty  imprisonment  for  one  month,  with- 
out bail  or  mainprise,  and  forfeit  of  £5  (5  Eliz.,  c.  4,  §§  12  &  13). 

(8)  Artificers   compellable  to  work   in   haytime   and    harvest ;    on 
refusal   to  suffer  imprisonment  in  the  stocks  for  two  days  and  one 
night  ;  the  constable  to  have  power  so  to  imprison  the  offender. 

(9)  One-half  of  all  forfeitures  and  penalties  relating  to  hiring  and 
of  service  to  go  to  the  Crown,  the  other  half  to  the  person  suing, 
common   informer  or  other.     One  justice  may  hear  and  determine 
case. 

(10)  None  may  depart  from  city,  town,  or  parish,  &c.,  after  time 


40  LABOUR    LEGISLATION 

of  service  has  expired  without  a  testimonial  under  seal.  Person 
departing  without  testimonial  to  be  imprisoned  until  he  can  procure 
one  ;  at  the  end  of  twenty-one  days  to  be  whipped  as  a  vagabond. 
A  master  employing  person  without  testimonial  to  be  fined  ^5. 

(n)  Journeyman  engaged  in  certain  industries  leaving  work  before 
completion  to  be  imprisoned  for  one  month,  by  order  of  one  justice, 
OB  oath  of  one  witness,  who  might  be  a  common  informer. 

(12)  Provision  made  (6  Geo.,  c.  25,  §  4)  for  any  justice  of  the 
peace  to  grant  warrant,  upon  complaint  by  employer,  for  apprehension 
of  workman  not  fulfilling  contract,  or  guilty  of  other  offence,  and  to 
convict   such    person,  and    imprison    him    for  not  more  than   three 
months,   nor  less  than   one    month.     The    same  was  practically  re- 
enacted  by  4  Geo.  IV.,  c.  34,  but  power  to  abate  wages  is  given  as 
an  alternative. 

(13)  In  the  statutes  cited,  or  referred   to,  and  others  many  trades 
and  occupations  are  enumerated,  the  term  "  labourer  "  was  supposed  to 
be  limited  to  the  industries  named,  and  "other  labourers"  to  mean 
only  such  as  might  be  employed  in  those  trades.     Lord  Ellenborough, 
C.J.,    decided   that  the    statute    did   not   confine    its   operation    "  to 
labourers  enumerated  in  the  several  employments." 

(14)  The  term  "servant"  in  the  statutes  does  not  mean  domestic 
servants — they  are  seldom  included.    The  term  generally  is  equivalent 
to  "  hired  person." 

V.  Conspiracy. — 5.  (i)  The  definition  of  conspiracy  is 
"  when  two  or  more  combine  together  to  execute  some 
act  for  the  purpose  of  injuring  a  third  person  or  the 
public."  By  the  common  law  "  all  confederacies  what- 
soever wrongfully  to  prejudice  a  third  person  or  the 
public  are  highly  criminal." 

(2)  By  statute  conspiracy  is  as  follows  :  "  Conspirators 
be  they  that  do  confeder  or  bind  themselves  by  oath, 
covenant,  or  other  alliance,  that  every  of  them  shall 
aid  and  support  other  persons  to  obtain  an  advance  of  or 
fix  the  rate  of  wages,  or  lessen  or  alter  the  hours  or 
duration  of  the  time  of  working,  or  to  decrease  the 
quantity  of  work,  or  to  regulate  or  control  the  mode  of 
carrying  on  any  manufacture,  trade  or  business,  or  the 
management  thereof/'  &c.  (33  Edw.  I.,  St,  I.).  "Annual 
congregations  and  confederacies  of  masons  in  their  general 
chapters  assembled"  (3  Hen.  VI.,  c.  i).  Other  enact- 
ments were  "  An  Act  for  Servants'  Wages,"  Ireland 
(33  Hen.  VIII.,  St.  I.,  c.  9)  ;  and  various  statutes  from 


ENACTMENTS  ADVERSE   TO    LABOUR  41 

the  2  and  3  Edw.  VI.,  c.  1 5  to  the  13  and  14  Car.  II.  c.  15, 
and  thenceforward  during  the  reigns  of  the  Georges,  and 
the  institution  of  the  Combination  Laws. 

(3)  It  has  always  been  admitted  that  it  is  difficult  to 
ascertain  what  conspiracy  really  is,  for  "  to  complete 
the  offence  no  act  need  be  done  in  consequence  thereof." 
Mr.  Talfourd,  in  commenting  upon  certain  cases,  once 
said  that  he  considered  it  a  hopeless  task  to  lay  down 
any  fixed  principles  whereby  this  offence  may  be 
governed"  And  yet  indictments  for  conspiracy  were 
frequently  resorted  to  in  prosecution  of  workmen,  not 
only  down  to  1825,  but  subsequently.  It  was  used  as  a 
weapon  of  offence  to  increase  the  penalty,  or  to  obtain  a 
conviction  if  the  provisions  in  statutes  should  faiL1 

6.  General  Effect  of  the  Legislation  Quoted. — In  the 
preceding  summary  of  enactments  adverse  to  labour 
references  of  a  general  character  have,  as  a  rule,  been 
omitted,  so  as  not  to  extend  the  synopsis  more  than  was 
really  necessary.  In  several  of  the  enactments  cited  there 
were  provisions  obviously  intended  to  make  it  appear  that 
employers  or  "  masters "  were  practically  subject  to  the 
same  law  as  workmen  or  servants.  It  was  a  show  of 
fairness,  nothing  else.  By  the  very  nature  of  the  offences 
named,  and  the  mode  of  dealing  with  them,  only  work- 
men and  servants  could  be  prosecuted  and  punished ; 
while  arrest  or  apprehension  of  offender  by  warrant 
applied  only  to  hired  persons.  The  net  of  the  fowler 
was  skilfully  spread.  The  beaters  knew  those  intended 
to  be  trapped,  and  how  to  entrap  them.  The  lawmakers 
were  employers,  the  administrators  of  the  laws  were 
employers ;  the  workers  were  but  pawns  in  the  game. 
It  is  not  intended  to  accuse  legislators  and  adminis- 
trators of  the  law  of  wilful  and  intentional  cruelty  and 
injustice.  The  laws  and  administration  thereof  were 
incidents  of  the  time.  The  criminal  code  was  cruel. 
Liberty  was  hated  and  feared,  because  not  understood. 

1  The  authority  for  the  preceding  synopsis  of  statutes  are  of  course 
the  statutes  at  large,  but  the  Digest  of  the  Public  General  Statutes  of 
Tyrwhitt  and  Tyndale,  1823-25,  is  invaluable. 


42  LABOUR   LEGISLATION 

Property,  in  all  forms,  was  regarded  as  of  more  impor- 
tance than  life  or  liberty  ;  but  life  and  liberty  were 
respected  when  the  persons  involved  were  of  a  certain 
social  standing,  and  were  property  owners.  The  poor 
man  was  arrested  and  confined  in  gaol ;  the  well-to-do 
were  summoned  should  occasion  arise,  and  could,  in  any 
case,  give  security.  Besides  the  enactments  herein 
referred  to  there  were  others  which  could  be,  and  often 
were,  used  to  restrain  labour  and  trade,  and  so  indirectly 
help  to  enslave  the  workers  and  perpetuate  their  legal 
disabilities. 


CHAPTER   VI 

A    CENTURY    OF    LABOUR    LEGISLATION 

Remedial  Legislation. — I. 

IT  is  no  part  of  my  scheme  to  write  a  history  of  the 
"  martyrs,  heroes,  and  bards  "  of  the  labour  move- 
ment. Incidentally  some  of  those  who  did  yeoman 
service  will  be  mentioned  in  the  proper  place  ;  but  a  large 
number  acted  like  heroes,  did  their  work  bravely,  and 
died  unknown,  except  perhaps  to  their  own  small  circle, 
and  by  these  were  speedily  forgotten.  As  associations  of 
all  kinds  were  prohibited  and  mutual  help  forbidden, 
there  were  only  two  courses  open  to  the  workmen,  namely, 
to  mutely  suffer  or  dare  to  combine  and  bear  the  con- 
sequences. The  majority  endured,  more  or  less  in 
silence  ;  but  some  chose  the  other  alternative,  and  faced 
the  penalties.  As  they  could  not  combine  legally,  they 
associated  in  secret  ;  hence  the  charge  of  "  secret 
societies "  levelled  against  trade  unions  in  the  earlier 
years  of  the  nineteenth  century.  What  else  could  they 
do  ?  Some  tried  to  take  advantage  of  the  Friendly 
Societies  Act  of  1793,  an<^  use  ^  to  cover  purposes  pro- 
hibited by  the  Combination  Laws.  In  some  other 
instances,  notably  in  the  woollen  trades  and  in  ship- 
building, some  form  of  combination  existed  by  usage,  and 
was  only  interfered  with  occasionally.  Some  guilds,  also, 
still  existed,  and  were  not  suppressed,  though,  especially 
when  the  operative  members  asserted  their  rights,  the 
masters,  as  a  rule,  used  the  guild  ordinances  for  their  own 


43 


44  LABOUR   LEGISLATION 

special  benefit.  As  a  matter  of  fact  the  guilds  that  were 
left  were  mostly  masters'  corporations,  whose  only  object 
was  exclusiveness  in  trade  and  the  control  of  all  matters 
thereto  appertaining. 

I.  Repeal  of  the  Combination  Laws. — Those  who 
imagine  that  the  repeal  of  the  Combination  Laws  was  due 
to  any  deep  sympathy  with  the  cause  of  labour  are 
wofully  ignorant  of  industrial  history,  and  of  the  in- 
fluences which  led  up  to  the  inquiry  which  resulted  in 
that  repeal.  The  motives  of  the  pioneers  in  the  move- 
ment varied  as  their  interests  varied.  The  parties  were 
often  absolutely  divergent,  frequently  strongly  opposed. 
They  worked  sometimes  on  parallel  lines,  without  the 
slightest  notion  of  converging ;  and  yet  there  was  a 
point  where  the  lines  tended  to  converge,  and  an  onlooker 
would  have  perceived  that  perpetual  divergence,  or  even 
continuous  motion  in  a  parallel  direction,  would  become 
impossible.  Employers  and  employed  alike  ultimately 
contributed  to  the  final  result — a  point  of  contact  which 
could  not  be  avoided. 

1 .  Statute  of  Apprentices. — The  contest  began  over  the 
provisions  in  the  statute  of  Queen  Elizabeth  (5  Eliz.,  c.  4). 
The  regulations  as  to  apprentices  in  that   once  famous 
statute  were  found  to   be  irksome  to  employers  in  the 
textile    trades,    and    they    sought  to  have  its  provisions 
repealed.    The  operatives  opposed  the  repeal.    Attempts 
were  made  in  Parliament  to  repeal  the — to  employers — 
obnoxious    Act.       Employers    petitioned    in    favour    of 
repeal,  the  signatures  to  which  petitions  numbered  2,000 
only  ;  whereas  the  signatures  to  petitions  in   favour  of 
the  then  existing  Act  numbered  300,000.     Under  these 
circumstances  a  Parliamentary  Committee  was  appointed 
in    1813  to  inquire  into  the  whole  question.     The  evi- 
dence against  repeal  was  so  preponderating  that  even  the 
chairman  of  the   Committee  was  brought  round  to   the 
views  of  the  operatives,  though  he  had  been  previously 
against  them. 

2.  Notwithstanding  the  strong  opposition  of  the  work- 
men, and  in  spite  of  the  overwhelming  evidence  against 


A   CENTURY  OF   LABOUR   LEGISLATION         45 

repeal,  the  master  manufacturers  succeeded  in  the  following 
year,  1814,  and  the  Act  (5  Eliz.,  c.  4)  was  repealed  in  so 
far  as  a  limitation  of  apprentices  was  concerned  by 
54  Geo.  III.,  c.  96.  The  contest  was  a  curious  one. 
The  Act  had  practically  ruled  the  industrial  system  for 
about  one  hundred  years,  It  embodied  many  of  the 
regulations  established  by  the  old  guilds,  especially  the 
craft  guilds.  It  had  been  already  abrogated  as  regards 
woollen  manufactures,  now  it  was  abrogated  for  all  trades. 
The  statute  was  not  a  good  one  from  an  economical  and 
industrial  point  of  view ;  but  it  contained  provisions 
more  favourable  to  labour  than  any  passed  previously,  or 
even  subsequently,  down  to  the  year  1824.  The  workers 
of  all  grades  supported  the  law,  and  desired  its  enforce- 
ment. Employers  regarded  it  as  a  clog  on  the  wheels  of 
industry  and  sought  to  set  it  aside,  and  did  practically  set 
it  aside,  even  before  repeal.  The  disclosures  before  the 
Paliamentary  Committee  showed  plainly  how  child  labour 
was  displacing  adult  labour,  and  that,  too,  in  a  form 
which  gave  no  redress.  Guardians  of  the  poor  ! — Heaven 
save  the  mark — turned  over  to  manufacturers  pauper 
children  by  hundreds,  these  being  at  the  tender  mercies  of 
overlookers  with  no  bowels  of  compassion.  Adults  had 
to  teach  children  how  to  do  the  work,  and  thereby  dis- 
placed their  own  labour  ;  and  there  was  no  remedy.  No 
wonder  that  the  men  clung  to  the  Act  of  Elizabeth — it 
was  the  straw  to  the  drowning  man. 

3.  Mechanical  Inventions  and  Labour. — The  development 
of  the  manufacturing  system  intensified  the  hardships 
and  privation  of  the  workers  to  such  an  extent  that  their 
whole  character  seems  to  have  deteriorated.  They  re- 
garded with  little  aversion  acts  which  were  not  only 
vicious,  but  actually  criminal,  not  merely  in  the  legal 
sense  of  being  contrary  to  the  Combination  Laws  and  other 
enactments,  but  in  the  deeper  sense — crimes  against 
humanity.  In  their  despair  they  committed  deeds  or 
violence,  destruction  of  property,  and  injury  to  persons, 
sometimes  even  unto  death.  The  most  serious  outrages 
appear  to  have  taken  place  in  Glasgow,  Paisley,  and  the 


46  LABOUR   LEGISLATION 

surrounding  districts  in  the  years  1819,  1820,  to  1823. 
Inquiries  into  the  origin  of  those  outbreaks  were  insti- 
tuted, but  the  witnesses  of  the  operatives  denied  that 
they  were  instigated  by  trade  unions,  or  that  they  had 
anything  to  do  with  them.  The  character  of  the  out- 
rages, however,  their  frequency,  and  the  way  in  which  the 
perpetrators  were  often  shielded  indicate  combined  action, 
and  also  the  reasons  for  such.  They  were  systematic,  and 
evidently  upon  a  concerted  plan.  They  had  one  object, 
and  that  object  was  not  plunder.  The  use  of  machinery 
was  hindered,  and  machines  were  destroyed  ;  sometimes 
men  were  injured.  The  reasons  were  not  far  to  seek.  The 
common  informer  was  abroad,  and  workmen  knew  that 
he  would  sell  his  fellows  for  pieces  of  silver.  Privation, 
discontent,  and  distrust  were  the  mainsprings  of  disorder, 
and  there  was  no  outlet  for  the  men  to  air  their  grievances 
by  meetings  or  open  association 

4.  Opposing  Factions  as  to  Enactments. — The  opposing 
contention  of  the  two  parties  concerned  must  have 
perplexed  the  Government  and  members  of  the  House 
of  Commons.  They  found  the  operatives  clamouring  for 
the  enforcement  of  one  series  of  enactments  and  for  the 
repeal  of  another.  Employers  clamoured  for  the  repeal 
of  one  series  of  enactments  and  for  the  continuance  of 
another.  They  were  but  sections  of  the  whole  people 
after  all.  The  nation  was  greater  than  all  the  sections 
combined.  Some  dimly  perceived  that  perhaps  a  certain 
modicum  of  liberty  might  be  better  than  multiplied 
measures  of  suppression,  which  had  obviously  failed  to 
accomplish  all  that  was  intended.  It  was  self-evident 
that  combinations  existed,  the  inquiries  instituted  fully 
proved  that  fact.  Other  facts  were  proven,  not  very 
creditable  to  employers.  Some  of  them  used  the  Com- 
bination Laws  to  prevent  actions  at  law  for  wages  due,  as 
well  as  to  avert  any  advance  in  wages.  This  may  have 
been  rare,  but  the  fact  was  proven,  and  it  was  ominous  of 
mischief.  It  shows  what  evil  lurked  beneath  such  en- 
actments as  the  Combination  Laws  when  used  by  un- 
scrupulous men.  One  instance  of  an  opposite  character 


A   CENTURY   OF   LABOUR   LEGISLATION         47 

may  be  quoted.  The  master  printers  in  1 8 1 6  stated  to 
their  workmen  that  they  had  decided  not  to  avail 
themselves  of  the  Combination  Laws  to  suppress  their 
union,  though  a  dispute  then  existed.  It  must  have 
come  to  the  knowledge  of  many  members  of  Parliament 
that  the  various  enactments  referred  to  operated  adversely 
to  labour  and  advantageously  to  employers  ;  indeed 
many  of  the  latter  condemned  the  laws  in  no  measured 
terms. 

5.  Operation  of  Repressive  Laws. — A  few  instances 
may  be  cited.  Three  linen  weavers  of  Knaresborough 
were  sent  to  Wakefield  Gaol  for  three  months  in  1805, 
one  of  whom  simply  carried  a  letter  to  York  requesting 
monetary  assistance  from  other  workmen.  In  1816 
three  carpenters  were  sentenced  to  one  month's  imprison- 
ment each,  and  two  others  to  twelve  months  each,  under 
the  Combination  Laws,  but  in  the  latter  case  some  violence 
had  been  used.  The  curious  thing  in  this  case  was  that 
the  men  in  this  trade  prosecuted  the  employers  for  com- 
bination, but  they  failed  to  obtain  a  conviction,  although 
the  case  was  fully  proven.  The  counsel  employed  was  so 
disgusted  that  he  returned  his  fees  as  a  protest  against  the 
decision.  In  one  instance  a  shoemaker  summoned  his 
employer  for  wages  ;  he  replied  by  a  summons  under  the 
Combination  Laws,  and  succeeded.  In  another  instance  a 
dispute  arose  as  to  wages  ;  the  master  called  all  his  men 
together  to  discuss,  as  they  thought,  the  matter.  On 
pretence  of  sending  out  for  beer,  he  sent  for  constables  to 
take  them  into  custody.  They  were  all  convicted  and 
sentenced  to  one  month's  imprisonment,  and  a  fine  of 
2 is.  each.  One  of  the  worst  cases  occurred  in  Lan- 
cashire in  1818.  An  employer  resolved  to  reduce  wages 
of  weavers  id.  per  yard.  The  other  employers  declared 
that  there  was  no  necessity  for  the  reduction.  The 
weavers  not  only  prevented  the  reduction,  but  by  com- 
bination obtained  an  advance.  Subsequently  a  further 
advance  was  demanded,  and  some  employers  offered  to 
grant  the  advance  by  instalments.  At  a  meeting  of 
delegates  of  the  men  the  compromise  was  agreed  to. 


48  LABOUR   LEGISLATION 

The  president  of  the  meeting,  Robert  Ellison,  attended  it 
at  the  request  of  his  own  employer,  the  author  of  the 
compromise,  and  an  advocate  of  the  resolution  agreed  to 
by  the  employers.  A  fortnight  after  the  adoption  of  the 
compromise,  when  all  the  operatives  had  resumed  work, 
Ellison,  the  president,  and  the  two  secretaries,  R.  Kaye 
and  R.  Pilkington,  were  arrested  by  warrant,  issued  by 
Manchester  justices,  and  were  only  released  on  bail, 
the  amount  being  fixed  at  £400.  Mr.  White,  Ellison's 
employer,  procured  bail.  On  surrendering  they  were 
tried  for  conspiracy,  were  convicted,  and  Ellison  was 
sentenced  to  twelve  months'  imprisonment,  in  spite  of 
Mr.  White's  evidence  in  his  favour  and  his  own  avowal 
of  being  the  author  of  the  resolutions  agreed  to.  The 
other  two  prisoners  were  sentenced  to  two  years'  im- 
prisonment each,  which  they  all  suffered. 

6.  Inquiry    into    Effect    of    Combination     Laws. — The 
foregoing  are    but  samples  of  prosecutions  and   punish- 
ments.     Public  attention  was  drawn  to  the  inequalities  of 
the    law    and    the    severity    of    the    penalties.       Some 
members    of  Parliament,    with    Joseph    Hume    at   their 
head,  pressed   for   an   inquiry,    and  in  the  year  1824    a 
Select  Committee  was  appointed  to    inquire    and    report 
upon   the  laws  relating  to  artisans  and  other  workmen. 
Outside  helpers  were  not  wanting.     One  of  the  first  to 
render  assistance  was  Francis  Place,  a  master  tailor,  a  man 
whose  name  figured  afterwards   in   other  good   work  on 
behalf  of  labour,  political  enfranchisement,  freedom  of  the 
Press,  and    other    measures.     The    Committee   sat,  took 
evidence,  and  speedily   reported.     It  is  not  necessary  to 
go  into  the  evidence  ;   suffice  it  to  say  that  both  sides  did 
their  best  to  prove  their  case  ;  the  employers  failed,  the 
workmen  succeeded,  as  the  following  shows  :— 

7.  Report  of  Select  Committee,  1824  :— 

"(i)  It  appears  from  the  evidence  before  the  Committee  that  com- 
binations of  workmen  have  taken  place  in  England,  Scotland,  and 
Ireland,  often  to  a  great  extent,  to  raise  and  keep  up  their  wages,  to 
regulate  their  hours  of  working,  and  to  impose  restrictions  on  their 


A   CENTURY   OF   LABOUR   LEGISLATION 


49 


masters  respecting  apprentices  or  others  whom  they  might  think 
proper  to  employ;  and  that,  at  the  time  the  evidence  was  taken, 
combinations  were  in  existence,  attended  with  strikes  and  suspension 
of  work  ;  and  the  laws  have  not  hitherto  been  effectual  to  prevent  such 
combinations. 

"  (2)  That  serious  breaches  of  the  peace  and  acts  of  violence,  with 
strikes  of  the  workmen,  often  for  very  long  periods,  have  taken  place 
in  consequence  of  and  arising  out  of  combinations  of  workmen,  and 
have  been  attended  with  loss  to  both  masters  and  workmen,  and  with 
considerable  inconvenience  and  injury  to  the  community. 

"(3)  That  the  masters  have  often  combined  to  lower  the  rates  of 
their  workman's  wages,  as  well  to  resist  a  demand  for  an  increase  and 
to  regulate  their  hours  of  working,  and  sometimes  to  discharge  their 
workmen  who  would  not  consent  to  the  conditions  offered  to  them, 
which  have  been  followed  by  suspension  of  work,  riotous  proceedings, 
and  acts  of  violence. 

"(4)  That  prosecutions  have  frequently  been  carried  on  under  the 
Statute  and  Common  Law  against  the  workmen,  and  many  of  them  have 
suffered  different  periods  of  imprisonment  for  combining  and  conspiring 
to  raise  their  wages,  or  to  resist  their  reduction,  and  to  regulate  their 
hours  of  working. 

"  (5)  That  several  instances  have  been  stated  to  the  Committee  of 
prosecutions  against  masters  for  combining  to  lower  wages  and  to 
regulate  the  hours  of  working  ;  but  no  instance  has  been  adduced  of 
any  master  having  been  punished  for  that  offence. 

"  (6)  That  the  laws  have  not  only  not  been  efficient  to  prevent 
combinations  of  masters  or  workmen,  but  on  the  contrary  have,  in  the 
opinion  of  many  of  both  parties,  had  a  tendency  to  produce  mutual 
irritation  and  distrust,  and  to  give  a  violent  character  to  the  combina- 
tions, and  to  render  them  highly  dangerous  to  the  peace  of  the 
community. 

"(7)  That  it  is  the  opinion  of  this  Committee  that  masters  and 
workmen  should  be  freed  from  such  restrictions  as  regards  the  rate  of 
wages  and  hours  of  working,  and  left  at  perfect  liberty  to  make  such 
agreements  as  they  may  mutually  think  proper. 

"  (8)  That  therefore  the  statute  laws  that  interfere  in  this 
particular  should  be  repealed,  and  also  that  the  Common  Law,  under 
which  a  peaceable  meeting  of  masters  or  workmen  may  be  prosecuted 
as  a  conspiracy,  should  be  altered. 

"  (9)  That  the  Committee  regret  to  find  from  the  evidence  that 
societies  legally  enrolled  as  benefit  societies  have  been  frequently  made 
the  cloak  under  which  funds  have  been  raised  for  the  support  of 
combinations  and  strikes  attended  with  acts  of  violence  and  intimida- 
tion ;  and,  without  recommending  any  specific  course,  they  wish  to 
call  the  attention  of  the  House  to  the  frequent  perversion  of  these 
institutions  from  their  avowed  and  legitimate  objects. 

"(I0)  That  the  practice  of  settling  disputes  by  arbitration  between 
masters  and  workmen  has  been  attended  with  good  effects,  and  it  is 


50  LABOUR   LEGISLATION 

desirable  that  the  laws  which  direct  and  regulate  arbitration  should  be 
consolidated,  amended,  and  made  applicable  to  all  trades. 

"(n)  That  it  is  absolutely  necessary,  when  repealing  the  Com- 
bination Laws,  to  enact  such  a  law  as  may  efficiently  and  by  summary 
process  punish  either  workmen  or  masters  who  by  threat,  intimidation, 
or  acts  of  violence,  should  interfere  with  the  perfect  freedom  which 
ought  to  be  allowed  to  each  party  of  employing  his  labour  or  capital  in 
the  manner  he  may  deem  most  advantageous." 

8.  Character  of  the  Kef  or  t. — The  foregoing  report  of 
the  Select  Committee  in  1824  puts  the  whole  case 
clearly,  temperately,  fairly.  It  is  indeed  surprising, 
under  all  the  circumstances,  that  a  Committee  of  the 
House  of  Commons  should,  at  that  date,  have  agreed  to 
all  the  recommendations  there  made,  and  have  condemned 
enactments  regarded  by  Government  and  employers  as 
essential  to  the  wellbeing  of  the  community.  The  chief 
reasons  for  repeal  are  indicated — the  failure  of  the  Acts 
to  accomplish  their  design  ;  the  growth  of  secret  organi- 
sations, and  the  use  made  of  friendly  societies  to  pro- 
mote objects  not  intended  by  those  Acts.  The  con- 
demnation of  the  Combination  Laws  by  the  report  is 
unmistakable.  The  recommendations  in  paragraphs  7 
and  8  are  statesmanlike — freedom  from  legal  restrictions, 
and  "  perfect  liberty  "  for  both  parties  "  to  make  such 
agreements "  as  to  wages  and  hours  of  working  <c  as 
they  may  mutually  think  proper."  Such  was  the  first 
step  towards  healthier  legislation  in  matters  pertaining  to 
capital  and  labour. 


CHAPTER  VII 

A    CENTURY    OF    LABOUR    LEGISLATION    (continued} 

Remedial  Legislation. — II. 

THE  immediate  outcome  of  the  inquiry  was  a  measure 
to  repeal  the  Combination  Laws,  and  to  substitute 
other  enactments  in  their  stead.     This  Bill  was  passed  into 
law  in  the  same  session  (1824)  as  5  Geo.  IV.,  c.  95. 

i .  Re-peal  of  Combination  Laws. — ( i )  The  preamble  to 
that  Act  was  : — 

"  Whereas  it  is  expedient  that  the  laws  relative  to  combinations  of 
workmen,  and  to  the  fixing  of  the  wages  of  labour,  should  be  repealed, 
and  certain  combinations  of  workmen  should  be  exempted  from  punish- 
ment, and  that  the  attempt  to  deter  workmen  from  work  should  be 
punished  in  a  summary  manner,"  therefore,  &c. 

(2)  Section  I.  repealed  all  the  specific  enactments  against  combinations 
of  workmen,  and  some  others  bearing  thereupon.    The  total  number  of 
enactments  enumerated  for  repeal  was  thirty-four,  covering  a  period  of 
about  513  years.     The  first  was   33   Edw.  I.,  St.  I.,  as  given  in  the 
"  Statutes  at  Large."  This  was  only  repealed  in  part,  as  regards  conspiracy 
by  workmen.     The  general  terms  of  the  enactment  included  have  been 
already  given,  and  need  not  be  repeated.     The  same  remarks  apply  to 
the  other  enactments  repealed. 

(3)  Section  II.  enacted  :    "That  journeymen,  workmen,  or  other 
persons  who  shall  enter  into  any  combination  to  obtain  an  advance,  or 
to  fix  the  rate  of  wages,  or  to  lessen  or  alter  the  hours  or  duration  of 
the  time  of  working,  or  to  decrease  the  quantity  of  work,  or  to  induce 
another  to  depart  from  his  service  before  the  end  of  the  time  or  term 
for  which  he  was  hired,  or  to  quit  or  return  his  wprk  before  the  same 
be  finished,  or,  not  being  hired,  to  refuse  to  enter  into  work  or  employ- 
ment, or  to  regulate  the  mode  of  carrying  on  any  manufacture,  trade, 
or  business,  or  the  management  thereof,  shall  not  therefore  be  subject 

51 


52  LABOUR    LEGISLATION 

or  liable  to  any  indictment  or  prosecution  for  conspiracy,  or  to  any 
other  criminal  information  or  punishment  whatever  under  the  Common 
or  the  Statute  Law." 

(4)  Sections  III.  and  IV. — By  the  former,  masters  offending  in  like 
manner  are  exempted  from  punishment ;  by  the  latter  all  penal  proceed- 
ings under  the  repealed  Acts  are  declared  void. 

(5)  Section  V.  enacted  :  "That  if  any  person  by  violence  to  the 
person    or    property,    by    threats    or    intimidation,     shall    wilfully    or 
maliciously  force  another  to  depart  from  his  hiring  or  work   before 
the  end  of  the  time  or  term  for  which  he  is  hired,  or  return  his  work 
before   the  same  shall  be  finished,  or  damnify,  spoil   or  destroy  any 
machinery,   tools,  goods,   wares  or  work,   or  prevent  any  person   not 
being    hired    from    accepting   any  work  or  employment  ;    or  if  any 
person  shall   wilfully  or   maliciously    use  or  employ  violence   to  the 
person  or  property,  threats  or  intimidation  towards  another  on  account 
of  his  not  complying  with  or  conforming  to  any  rules,  orders,  resolu- 
tions or  regulations  made  to  obtain  an  advance  of  wages,  or  to  lessen  or 
alter  the  hours  of  working,  or  to  decrease  the  quantity  of  work,  or  to 
regulate  the  mode  of  carrying  on  any  manufacture,  trade  or  business,  or 
the  management  thereof;  or  if  any  person  by  violence  to  the  person  or 
property,  by  threats  or  intimidation,  shall  wilfully  or  maliciously  force 
any  master  or  mistress  manufacturer,  his  or  her  foreman  or  agent,  to 
make  any  alteration  in  their  mode  of  regulating,  managing,  conducting 
or  carrying  on  their  manufacture,  trade  or  business,  every  person  so 
offending,  or  causing,  procuring,  aiding,  abetting  or  assisting  in  such 
offence,  being  convicted  thereof  in  manner  hereinafter  mentioned,  shall 
be  imprisoned  only,  or  imprisoned  and  kept  to  hard  labour  for  any  time 
not  exceeding  two  calendar  months." 

(6)  Section  VI.  enacts  that  persons  combining  to  effect  such  purposes 
as  before  mentioned  shall  be  similarly  punished  on  conviction  of  such 
offence.     The  words  of  Section  V.  are  repeated  verbatim.     There  is, 
however,  a  significant  proviso,  thus  :  "  Nothing  herein  contained  shall 
alter  or  affect  any  law  now  in  force  for  the  prosecution  and  punishment 
of  the  said  several  offences ;  only  that  a  conviction  under  this  Act  for 
any  such  offence  shall  exempt  the  offender  from  prosecution  under  any 
other  law  or  statute." 

(7)  The  other  sections  need  not  be  particularised,  except  to  say  that 
one  or  more  justices  had  jurisdiction.     Provision  is  made  for  issue  of 
summons,  or  warrant,  witnesses,  &c.     Offenders  were  compelled  to  give 
evidence  for   the  Crown,  and  there  was  no  appeal.     Conspiracy  at 
common    law  was  abolished    or    modified,   as    recommended    by    the 
Select  Committee,  Sections  II.  and  III. 

2.  Proposed  Repeal  of  Act  of  1824. — The  passing  of 
the  Act  referred  to  (5  Geo.  IV.,  c.  95)  so  alarmed  em- 
ployers that  a  demand  was  made  for  its  immediate  repeal. 
It  is  difficult  at  this  distance  of  time  to  understand  the 


A   CENTURY   OF   LABOUR   LEGISLATION         53 

cause  of  such  alarm.     The  Act  conceded  something,  much 
in  Section  II.  ;  but  in  Sections  V.  and  VI.  the  provisions 
were  such  that  any  act  done  by  an  individual  or  in  combina- 
tion was  capable  of  being  construed  into  an  offence,  severe 
punishment  being  inflicted  therefor.     Workmen  were  em- 
powered to  combine  by  Section  II.,  but  in  Sections  V.  and 
VI.  almost  all  the  means  whereby  the  objects  sought  could 
be  attained  were  declared  to  be  illegal.    The  language  of  the 
Act  is  so  verbose  that  the  governing  words — "  by  violence, 
threats,  or  intimidation" — are  lost  sight  of,  while  the  terms 
"  wilfully  or  maliciously  "  have  obtained  such  a  technical 
interpretation  in  law  as  to  practically  cover  any  and  every 
act  done  by  the  person  prosecuted  or,  in  civil  actions,  sued. 
3.   Inquiry  into  Operation  of  Act  of  1824. — The  Act  is 
dated  June  21,  1824.     In  April,  1825,  a  Select  Committee 
was  appointed,  on  the  motion  of  Mr.  Huskisson,  to  inquire 
into  the  effects  of  the  Act,  and  to  report  thereon  to  the 
House.     The  first  sitting  took  place  on  April  i8th,  and 
on  June  8th  the  Committee  reported.    The  Committee  sat 
to  take  evidence  twenty-five  days,  and  examined  sixty-nine 
witnesses.     The  nature  of  the  evidence  is  not  now  material, 
after  an  interval  of  over  seventy-five  years.     Much  of  it 
was  extraneous,  a  good  deal  of  it  "hearsay,"  such  as  would 
not  be  accepted  in  a  court  of  law.     Nearly  all  the  evidence 
as  to  violence  referred  to  the  years  1817  to  1820,  and  not 
to  any  of  more  recent  date.     Most  of  the  violence  spoken 
of  took  place  in  Dublin,  very  little  elsewhere.     Many  of 
the  employers  declared  that  no  violence  occurred  in  connec- 
tion with  their  works  or  business,  others  that  none  had 
occurred  recently  under  the  new  Act.     Evidence  as  to 
secrecy  was  adduced,  a  portion  of  which  the  men  rebutted, 
but  they  admitted  that  their  operations  had  been  secret 
because  of  the  law.     Employers  had  to  admit  that  they 
acted  in  combination,  which  was  technically  as  illegal  as 
for  workmen.     There  was  no  evidence  in  support  of  the 
demand  for  the  repeal  of  the  Act  of  1824  by  reason  of 
dangerous  methods  being  employed.      One  witness  indeed 
said  :  "  They  [the  colliers]  were  a  little  more  dictatorial 
than  they  were  before."     One  monstrous  admission  was 


54  LABOUR   LEGISLATION 

made  by  a  shipowner  of  North  Shields,  namely,  that  the 
shipowners  demanded  from  the  Secretary  of  State  inter- 
vention by  the  Government  to  put  down  the  riotous  pro- 
ceedings of  the  seamen  because  property  was  in  imminent 
danger.  Asked  as  to  this  whether  he,  the  witness,  knew 
of  any  personal  or  other  violence,  he  said,  c<  No,  not  the 
smallest."  Yet  he  had  signed  the  "  remonstrance  "  ! 

4.  Effect   of  Act   of  1824. — The  one    important   fact 
elicited  by  the  Committee  was,  not  that  combinations  had 
very  greatly  increased  in  number  during  the  ten  months 
succeeding  the  passing  of  the  Act  of  1824,  but  that  the 
proceedings  were  more  open  and  public,  and  consequently 
more  apparent.     The  men  conceived  that  they  had  the 
right  to  combine  openly  under  the  Act,  and  they  acted 
accordingly.     The  force  and  influence  of  unions,  acknow- 
ledged   to  be   of  older   date,  had   increased.     Demands 
for  increased  wages  were  made,  which  employers  resented. 
But  many  of  the  latter  were  frank  in  their  admissions  that 
their  own  combinations  were  for  the  purpose  of  keeping 
down  wages  ;  they  took  the  ground  that  they  alone  should 
be  able  to  fix  the  rates. 

5.  7^he  New  Act  of  1825. — Fortunately  the  panic  which 
had  seized  employers,  and  also,  to  some  extent,  the  legis- 
lature, at  what  appeared  to  be  the  consequences  of  the  Act 
of  1824,  subsided.     The  inquiry  had   not  disclosed  any 
very  serious  evil  results.     The  publication  of  the  evidence 
allayed  the  feeling  of  uneasiness  and  even  of  terror  which 
had  taken  possession  of  the  public — meaning  that  section 
called  "  Society."     Strikes  had  become  more  frequent,  but 
there  was  less  violence.    It  was  felt  that  to  re-enact  the  old 
Combination  Laws  would  be  dangerous.    The  Government 
could  not  go  back  on  its  own  policy.     The  repeal  of  the 
old  Acts  must  be  maintained,  even  if  the  provisions  of 
5   Geo.    IV.,    c.    95,   had    to    be   strengthened    in   some 
particulars.      Fortunately   this    was    the    policy    decided 
upon,   but    seriously  to  the  disadvantage   of  the    work- 
men. 

6.  Intention    of   New    Act. — The    Right    Honourable 
Thomas    Wallace    was    chairman    of  the    Committee    in 


A   CENTURY   OF   LABOUR    LEGISLATION         55 

1825,  and  he  it  was  who  introduced  the  new  Bill.  In 
doing  so  he  is  reported  to  have  said  :  <c  He  was  no  friend 
to  the  Combination  Laws,  but  he  wished  that  the  Common 
Law,  as  it  stood  before,  should  be  again  brought  into  force  ; 
this  he  believed  would  be  quite  sufficient  for  the  purpose. 
The  principle  of  the  Bill  now  before  the  House  was  to 
make  all  associations  illegal,  excepting  those  for  the  purpose 
of  settling  such  amount  of  wages  as  would  be  a  fair 
remuneration  for  the  workmen.  He  knew  it  had  been 
objected  that  this  was  not  enough  ;  but  he  thought  it  was 
safer  to  point  out  the  description  of  association  that  was 
legal  than  to  specify  all  which  were  illegal ;  in  doing  which 
there  was  great  danger  either  of  putting  in  too  much  or  of 
leaving  out  something  which  might  be  necessary.  The 
Bill  of  last  year  was  on  the  same  principle  as  this  ;  but  it 
went  a  little  further  ;  and  this,  he  apprehended,  was  the 
cause  of  the  inconvenience  now  universally  felt." 

7.  Object  and  Provisions  of  New  Act. — The  substituted 
Act  of  1825,  the  6  Geo.  IV.,  c.  129,  governed  the  relation- 
ship between  employers  and  employed  for  the  next  fifty 
years  in  so  far  as  collective  action  was  concerned,  when 
the  legality  of  such  action  was  contested  in  courts  of  law. 
It  is  therefore  important  that  its  chief  provisions  should 
be  understood  ;  also  its  object,  as  set  forth  in  the  preamble, 
which  is  thus  expressed  : — 

(i)  "Whereas  an  Act  was  passed  in  the  last  session  .  .  .  intituled, 
&c.,  by  which  various  statutes,  and  parts  of  statutes,  relating  to  com- 
binations among  workmen  for  fixing  the  wages  of  labour,  &c.,  &c., 
were  repealed,  and  other  provisions  were  made  for  protecting  the  free 
employment  of  capital  and  labour,  and  for  punishing  combinations 
interfering  with  such  freedom,  by  means  of  violence,  threats,  or 
intimidation  ;  and  whereas  the  provisions  of  the  said  Act  have  not  been 
found  effectual  ;  and  whereas  such  combinations  are  injurious  to  trade 
and  commerce,  dangerous  to  the  tranquillity  of  the  country,  and 
especially  prejudicial  to  the  interests  of  all  who  are  concerned  in  them; 
and  whereas  it  is  expedient  to  make  further  provision  as  well  for  the 
security  and  personal  freedom  of  individual  workmen  in  the  disposal 
of  their  skill  and  labour  as  for  the  security  of  the  property  and  persons 
of  masters  and  employers  ;  and  for  that  purpose  to  repeal  the  said  Act, 
and  to  enact  other  provisions  and  regulations  in  lieu  thereof ;  be  it 
therefore  enacted,"  &c.,  &c. 


$6  LABOUR   LEGISLATION 

It  need  scarcely  be  said  that  there  is  nothing  in  the 
evidence  to  justify  the  above  preamble  ;  but  it  is  possible 
that  political  exigencies  required  it  at  the  time. 

(2)  Section  I.  repealed  the  Act  of  the  previous  year  (5  Geo.  IV., 
c.   95).     Section  II.  repealed  the  catalogue  of  Acts  repealed  by  that 
statute,  and  re-enacted  that  section  in  the  former  Act,  thus  confirming 
the  repeal  of  all  statutes  against  combinations  of  workmen  as  therein 
enumerated. 

(3)  Section  III.     "  If  any  person  shall  by  violence  to  the  person  or 
property,  or  by  threats  or  intimidation,  or  by  molesting,  or  in  any  way 
obstructing  another,  force  or    endeavour  to    force  any   journeyman, 
manufacturer,  workman,  or   other  person   hired  or   employed  in   any 
manufacture,  trade,  or  business,  to  depart  from  his  hiring,  employment 
or  work,  or  to  return   his  work  before  the  same  shall  be  finished,  or 
prevent    or  endeavour    to   prevent   any   journeyman,    manufacturer, 
workman  or  other  person  not  being  hired  or  employed  from   hiring 
himself  to,  or  from  accepting  work  or  employment  from  any  person  or 
persons  ;  or  if  any  person  shall  use  or  employ  violence  to  the  person  or 
property  of  another,  or  threats  or  intimidation,  or  shall  molest  or  in 
any  way  obstruct  another  for  the  purpose  of  forcing  or  inducing  such 
person  to  belong  to  any  club  or  association,  or  to  contribute   to  any 
common   fund,  or  to  pay  any  fine   or  penalty,  or  on  account  of  his 
not  belonging  to  any  particular  club  or  association,  or  not  having  con- 
tributed, or  having  refused  to  contribute  to  any  common  fund,  or  to 
pay  any  fine  or  penalty,  or  on  account  of  his  not  having  complied  with, 
or   of  his   refusal   to    comply  with  any   rules,  orders,  resolutions    or 
regulations  made  to  obtain  an  advance  or  to  reduce  the  rate  of  wages, 
or  to  lessen  or  alter  the  hours  of  working,  or  to  decrease  or  alter  the 
quantity  of  work,  or  to  regulate  the  mode  of  carrying  on  any  manu- 
facture, trade  or  business,  or  the  management  thereof;  or  if  any  person 
shall  by  violence  to  the  person  or  property  of  another,  or  by  threats  or 
intimidation,  or  by  molesting  or  in  any  way  obstructing  another  force 
or  endeavour  to   force   any  manufacturer  or  person  carrying  on  any 
trade  or  business  to  make  any  alteration  in  his  mode   of  regulating, 
managing,    conducting    or    carrying    on    such    manufacture,  trade  or 
business,     or  to    limit  the  number  of  apprentices,  or   the  number  or 
description  of  his  journeymen,  workmen,  or  servants  ;  every  person  so 
offending,  or  aiding,  or  abetting,  or  assisting   therein,  being  convicted 
thereof  in  manner  hereinafter  mentioned,  shall  be  imprisoned  only,  or 
shall  and  may  be  imprisoned  and  kept  to  hard  labour  for  any  term  not 
exceeding  three  calendar  months." 

(4)  Section   IV.  makes  proviso  for  meetings  for   settling  rates    of 
wages   to  be  received,  or  hours  of  work  to  be   employed,  by  persons 
meeting  ;  and   for  agreements,  verbal  or  written,  among  themselves, 
that  such  persons  shall  not  be  subject  to  the  penalties  of  the  Act. 
Section  V.  makes  similar  provision  as  to  masters  and  employers.     The 


A  CENTURY  OF   LABOUR   LEGISLATION         57 

words  of  those  sections  limit  the  exemption  from  penalties  of  persons 
present  at  such  meeting."  But  the  subsequent  words,  "  or  entering 
into  any  such  agreement  as  aforesaid,"  imply  that,  though  not  present, 
persons  might  act  collectively,  if  they  so  agreed,  whether  actually 
present  at  the  meeting  or  not.  No  member  of  a  union,  however, 
would  be  bound  by  such  agreement  if  he  contested  it  in  law. 

(5)  The  other  sections  of  the  Act  are  similar  to  those  in  the  previous 
Act  of  1824.  Offenders  could  be  called  upon  and  compelled  to  give 
evidence,  and  might  be  indemnified.  One  or  more  justices  could 
issue  summons,  but  two  were  required  to  issue  warrant,  in  case  of 
non-appearance.  Provision  was  made  as  to  procedure,  the  summon- 
ing and  examination  of  witnesses,  form  of  conviction,  appeal,  &c. 
The  last  section  enacts  that  no  master  in  the  particular  trade,  &c.,  in 
which  offence  is  charged  shall  act  as  justice  in  the  case. 

8 .  'The  Common  Law  and  Combination. — In  the  previous 
Act,  5  Geo.  IV.,  c.  95,  in  Sections  II.  and  III.,  these  words 
occur,   that  workmen  acting  in  combination  "  shall  not, 
therefore,  be  subject  or  liable  to  any  indictment  or  prosecu- 
tion for  conspiracy,  or  to  any  other   criminal  information 
or  punishment  whatever,  under  the  Common  or  Statute 
Law."       Those   words  were  omitted   in  the   new   Act. 
But  the  following  were  substituted  in  Sections  IV.  and  V.  : 
"  Persons  meeting  or  entering  into  any  such  agreement  as 
aforesaid  shall  not  be  liable  to  any  prosecution  or  penalty 
for  so  doing,  any  law  or  statute  to  the  contrary  notwith- 
standing."    This  apparently  did  not  include  the  Common 
Law. 

9.  Operation  of  Act  for  F  if ty  Tears. — The  chief  provisions 
of  the  Act  are  given  in  extenso,  because  they  were  in  force 
as  the  principal   enactments  for   nearly  fifty  years,  until 
repealed  by  the  Act  of  1871.     There  was,  however,  only 
a  modification  of  the  provisions  in   1871    by  the  Trade 
Union  Act  and  the  Criminal  Law  Amendment  Act,  but 
not   to  any  great  extent.     The    real  repeal    was    by  the 
Labour    Laws    in    1875.      ^he  cumbrous    form    of  the 
sections,  and    the    clumsy  language  in  which  they  were 
expressed,  led  to  no  end  of  complications,  the  worst  inter- 
pretation being  usually  given  against  offending  workmen, 
the  Common  Law  as  to  conspiracy   being  often   used  in 
cases  of  prosecution. 


CHAPTER  VIII 

DEVELOPMENT    OF    UNIONISM  I    EFFORTS    TO    ARREST    IT. 


I  ^HE  repeal  of  the  Combination  Laws  gave  an  immense 
JL  impetus  to  the  labour  movement,  notwithstanding 
the  stringent  provisions  in  enactments  quoted  with  re- 
gard to  the  means  which  could  be  employed  in  further- 
ance of  the  workmen's  desired  objects.  Within  the  next 
few  years  trade  unions  sprang  into  existence  with 
amazing  rapidity,  and  even  "  Consolidated  Unions  " 
were  established,  in  spite  of  the  fact  that  the  Corre- 
sponding Societies  Act  was  still  in  force.  Some  employers 
became  alarmed  at  the  growth  and  progress  of  the  unions. 
But  they  might  have  spared  themselves  some  of  the 
anxiety  manifested.  As  a  matter  of  fact  employers  over- 
estimated the  growth  of  unionism.  The  activity  of  the 
unions  surprised  them.  They  forgot,  or  did  not  know, 
that  the  evidence  given  before  the  Select  Committees  in 

1824  and   1825  proved  up  to  the  hilt  that  unions  did 
exist    under,    and  in    spite   of,   the    Combination  Laws. 
Then  they  were  secret  organisations,  conducted  by  signs, 
with  an  elaborate  system  of  collecting  and  distributing  the 
funds  required   for  their  purposes.      Under    the   Act  of 

1825  they  could  meet   openly,  hence  the  activity  of  the 
unions.     The  zeal  of  the  members  could  be  seen  as  well 
as  felt.     Previously   pressure   was  felt,   but    the    motive 
power  was  hidden.     The  active  forces  were   in  ambush  ; 
terrorism  was  resorted  to  ;  outrage  was   not    infrequent. 
Those  methods  did  not  disappear  all  at  once  ;  how  could 
they  ?     But  a   healthier  system  was  developing.     Secret 

58 


DEVELOPMENT  OF   UNIONISM  59 

societies    are    not  favoured  by  British   workmen  ;  never 
were,  except  as  a  last  resort. 

1.  Right  of  Public  Assembly  Asserted. — The  agitation 
for  reform  between    1825  and   1832,  when  the  Reform 
Bill  was  carried,  led  to  a  succession  of  public  meetings 
such  as  had  not  been  witnessed  for  more  than  a  quarter  of 
a  century.     Politicians  required   an   open  platform,  and 
they  also  required  the  aid  of  the  workers  to  enable  them 
to    secure  the   abolition  of  pocket-boroughs,   and    some 
measure    of    enfranchisement.        Workmen    sighed    for 
political  power  mainly  as  a  means  to  an  end,  that  being 
better  wages,  fewer  working  hours,  and  improved   con- 
ditions of  labour  generally.     The  right  of  public  meeting 
secured  for   one  purpose   made  it  available  for  another. 
Politicians   and  labour  leaders  did  not    always  agree  in 
their  objects,  but,  for  a  season,  they  fought  side  by  side 
for    the  right    to   discuss  grievances    and    to    propound 
remedies.     In  this  way  the  right  to  assemble  was  asserted. 
The    Reform  Bill   was   carried,   and  a  gagging  Bill  was 
scarcely  possible  by  those  carried  into  power  by  the  help 
of  the  then  voteless  masses  of  the  people. 

2.  Uses  of  Public  Meetings. — During  the  reform  agita- 
tion less  was  heard  of  labour  movements,  but  organisation 
was  carried  on,  and  unions  were  formed  in  trades  where 
none    previously    existed,    or,    if    they    did    exist,  were 
unknown    to  the    public.      A    trade     union    cannot    be 
constituted  in    a  day.      It  was  more   difficult  then  than 
now,  because  men  were  still  timid.     They  did  not  know 
how    far  they  could  trust  the   new  enactments.      They 
were  suspicious  of  law,  of  Government,  and  of  each  other. 
Tact  was  required  of  the  leaders,  confidence  on  the  part  of 
the  men.     They  were  unused  to  liberty,  and  were  doubt- 
ful as  to  its  extent.      Besides,  the  "  common  informer  " 
was  still  a  power  in  the  hands  of  the  Government  and  of 
others. 

3.  Consolidation  of  Unions. — In  the   year    1833  it  had 
become  manifest  that  the  work  of  organisation  had  been 
going  on  apace.     The  unions  were  nearly  all  local   and 
sectional,  but  it  was  evident  that  efforts  had  been  made 


60  LABOUR   LEGISLATION 

to  broaden  their  lines.  There  were  understandings,  if 
not  actual  amalgamations,  or  "  consolidations,"  as  they 
were  then  called — federation  is  the  term  now  employed 
when  different  unions  unite — "  for  protective,  not  aggres- 
sive," purposes.  In  those  earlier  days  the  institution  of  a 
union  was  nearly  always  followed  by  a  strike  ;  indeed,  in 
many  cases  the  strike  came  first,  then  organisation.  This  is 
not  to  be  wondered  at  when  we  remember  that  wages  were 
low,  the  working  hours  long,  and  provisions  were  high 
in  price.  Grinding  necessity  impelled  the  men  on,  even 
when  obviously  unprepared.  Counting  the  cost  before 
entering  into  a  contest  meant  delay.  Prudence  comes 
with  experience,  and  of  this  there  was  little  at  that  period 
to  guide  men. 

4.  Trade  Union  Newspaper  Published. — In  1833  there 
were  several  strikes  of  a  more  extended  character  than  in 
previous  years,  and  it  would  appear  that  the  then  Home 
Secretary  had  been  approached  with  the  view  of  re-enact- 
ing   the    Combination    Laws.     Strikes    at     Manchester, 
Paisley,    Birmingham,    Leeds,    Derby,    in    the    Potteries, 
and  elsewhere,   had  led  to   prosecutions,  but  the  unions 
had    stood    by    each    other,    assistance    being    rendered 
liberally  to  those  on  strike.     The  General  Trades'  Union 
was    established,   and    on    September    7,    1833,   the    first 
number  of  the  Pioneer,  or   Trades   Union   Magazine  was 
issued  as  the  organ   of  the   movement,  edited  by  James 
Morrison,    of   Birmingham.1     A    few  months   later   the 
organisation  was  called  "  The  Grand  Consolidated  National 
Trades  Union." 

5.  Lord  Melbourne  and  Trade   Unions. — The   Pioneer 
reported  very  fully  the  chief  labour  movements  in   1833 
and   1834  in  all  the  principal  industries  in  which  trade 
unions    had    been    established — in    the    building,    textile, 
clothing,  leather,  boot  and  shoe,  printers,  iron  and  steel, 
and  numerous  other  trades.     In  No.  2,  September  14,  is 
given  copy  of  a  letter   by  Viscount  Melbourne,  Home 

1  My  bound  copy  of  the  Pioneer  belonged  to  Francis  Place,  and  has 
his  book-plate.     It  was  presented  to  me  by  Dr.  Black. 


DEVELOPMENT   OF   UNIONISM  61 

Secretary,  to  Mr.  George  Young,  of  Leeds,  the  repre- 
sentative of  the  Leeds  employers.  The  letter  was  in 
reply  to  a  "  memorial  of  the  merchants,  manufacturers, 
&c.,  of  the  West  Riding  of  Yorkshire."  His  lordship's 
private  secretary,  G.  Lamb,  says  :  u  As  his  lordship 
has  often  before  expressed  it  in  Parliament,  he  considers 
it  unnecessary  to  repeat  the  strong  opinion  entertained  by 
His  Majesty's  Ministers  of  the  criminal  character  and 
effects  of  the  unions  described  in  the  memorial  upon  the 
interests  of  the  masters,  the  workmen  themselves,  and  the 
country  in  general.  Many  of  the  acts  mentioned  are  in 
themselves  actual  breaches  of  the  law,  and  no  doubt 
can  be  entertained  that  combinations  for  the  purposes 
enumerated  are  illegal  conspiracies,  and  liable  to  be  pro- 
secuted as  such  at  Common  Law."  The  rest  of  this 
remarkable,  not  to  say  culpable,  letter  deals  with  sugges- 
tions as  to  local  procedure,  in  which  he  counsels  "firmness 
and  resolution  "  rather  than  "  concessions  and  weakness." 
This  by  the  Home  Secretary  of  the  Reform  Ministry 
which  had  crept  back  to  power  by  the  help  of  the  work- 
men !  And  be  it  remembered  that  the  Combination 
Laws  had  been  repealed.  If  the  acts  of  the  men  were 
criminal  "  conspiracies,  liable  to  be  prosecuted  as  such  at 
Common  Law,"  why  did  not  he,  as  Home  Secretary,  put 
the  law  in  motion  ? 

6.  Return  to  Repression  Intended. — It  was  manifest  in 
1833 — the  year  after  the  Reform  Act — that  the  "  Reform 
Ministry"  were  disposed  to  take  steps  to  cripple  the 
unions,  if  not  by  the  re-enactment  of  the  Combination 
Laws,  by  some  other  means.  The  memorial  of  the 
merchants,  manufacturers,  and  others  of  the  West  Riding 
of  Yorkshire  expressed  the  employers'  sentiments.  The 
letter  of  Lord  Melbourne,  Home  Secretary,  dated  Sep- 
tember 3,  1833,  indicated  the  sentiments  of  the  Govern- 
ment, and  very  strongly  his  own.  But  the  unions  seem 
to  have  given  no  sufficient  pretext  for  interference.  The 
blow  was  inevitable,  however,  and  it  fell  upon  six  poor 
Dorchester  labourers  in  the  obscure  parish  of  Todpuddle, 
even  at  present  far  removed  from  the  madding  crowd, 


62  LABOUR    LEGISLATION 

quite  away  from  railway  communication,  or  was  when   I 
last  visited  the  village  a  quarter  of  a  century  ago. 

7.  Prosecution   of  Dorchester  Labourers. — The  story  of 
this  prosecution  and  its  results  is  one  of  the  most  dis- 
graceful in  the  history  of  persecution.     In    1831-1832 
there  was  a  general  movement  among  the  working  classes 
for  an  advance  in  wages,  in  which  even  the  downtrodden 
agricultural  labourers  took  part.     The  labourers  of  Tod- 
puddle  solicited  an  advance,  and  met  their  employers  to 
negotiate.     The  latter  agreed  to  concede  the  same  rates 
as  were  paid  by  other  farmers  in  the  district.     With  this 
promise  the  men  returned  to  their  work.     There  was  no 
threat,  no  word   of  an  intimidating  character  used,  and 
the  men  thought  that  all  was  mutually  arranged.     But  the 
promise  was  not  kept.     The  employers  refused  to  give 
more   than   93.   per  week,   though  other   farmers  in  the 
neighbourhood  gave  ios.,  or  its  equivalent,  to  their  men. 
In  the  following  year,  1833,  these  employers  of  Todpuddle 
reduced  their  men's  wages  again  to  8s.  per  week. 

8.  Labourers'  Wages  and  Justices  of  the   Peace. — The 
reduction  in  wages  caused  great  dissatisfaction,  and   the 
whole  of  the  labouring  men  in  the  village,  except  two  or 
three  invalids,  applied   to   a  resident  magistrate,  W.  M. 
Pitt,   Esq.,   for    his    advice.     The    men   were    evidently 
under    the    impression    that    the    justices    had    still    the 
power  to  fix  wages.     Mr.  Pitt  asked  the  men  to  appoint 
a  deputation  of  two  or  three,  and  come  to  the  County 
Hall  on  the  following  Saturday,  and  he  would  apprise  the 
chief  local  justice,   James   Frampton,  Esq.,  and  request 
the  employers  to  come  also  to  settle  the  matter.     The 
deputation  waited  upon  the  justices  at  the  County  Hall  as 
suggested.     The  magistrate  told  the  men  that  they  must 
work  for  what  wages  the  masters  thought  fit  to  give  them, 
as  there  was  no  law  to  compel  masters  to  give  any  fixed 
rate.     The  men  remonstrated,  and  called  upon  the  clergy- 
man   of    the    parish    (Dr.    Warren)    as   witness   of   the 
agreement  previously  entered    into.     This    ornament    of 
the  Church  had  pledged  himself  to  see  the  men  righted, 
but  he,  like  the  farmers  alluded  to,  repudiated  his  promise. 


DEVELOPMENT   OF   UNIONISM  63 

9.  Formation  of  a  Union. — The  men  continued  working, 
but  they  were  embittered  by  reason  of  broken  promises 
and  injustice.     Their  wages  were  further  reduced  to  ys. 
per  week,  and  were  told  that  a  further  reduction  to   6s. 
per  week  would  follow.     Then  it  was  that  the  men  tried 
to  form  a  trade   union,  some  of  them  having  heard  of 
such  organisations.     In  October,  1833,  two  delegates  of  a 
trade  union  visited  the  village,  and  a  union  was  formed. 
Members  of  trade  unions  at  that  date,  like  members  of  the 
old  guilds,  of  friendly  societies,  of  Freemasons,  Orange- 
men, and  others,  formulated  an  oath  of  fidelity,  nothing 
treasonable  in  it — a  simple  declaration,  on  oath,  to  abide 
by  the  rules,  not  to  divulge  the  business,  and  to  be  faithful 
to  each  other. 

10.  Treachery  :  the   Common   Informer. — On  December 
9,   1833,  a  "  common  informer,"  named  Edward  Legg, 
attended  the  lodge  meeting,  and  asked  to  be  admitted  as 
a  member.     George  Loveless,  who  wrote  the  whole  story 
in  1837,  states  that  he  had  no  knowledge  as  to  how  or  by 
whom  Edward  Legg  was  introduced.     On  February  21, 
1834,  a  kind  of  proclamation,  or  placard,  was  issued  by 
the    magistrates   and  posted    up    in    conspicuous    places, 
cautioning  men  as  to  combinations,  and  threatening  them 
with  seven  years'  transportation  if  they  joined  the  union. 
George  Loveless  obtained  a  copy  and  read  it.      He  says, 
"  This  was  the  first  time  that  I  had  heard  of  any  law  being 
in  existence  to  forbid  such  societies."     This  notice,  issued 
by  the  justices,  was  eight  years  after  the   Combination 
Laws  had  been  repealed,  was,  in  fact,  an   unlawful  act  ; 
there  was  no  law  in  force  forbidding  such  societies. 

1 1 .  Arrest  of  Loveless  and  Others. — On  February  24th, 
as  George  Loveless  was  going  to  work  in  the  early  morn- 
ing, the  parish   constable  met  him  and  said,  "  I   have  a 
warrant  for  you  from  the  magistrates."     Loveless  asked 
its  nature  ;  the  constable  gave  it  him  to  read.     The  latter 
asked  him  if  he  was  willing  to  appear  before  the  magis- 
trates.    Loveless  answered  "  Yes."     His  five  companions 
had  been  similarly  apprehended,  and  all  of  them,  with  the 
constable  and  another,  tramped  seven  miles  to  Dorchester, 


64  LABOUR    LEGISLATION 

where  James  Frampton  and  one  other  justice  received 
them,  Legg,  the  informer,  being  present  to  give  evidence. 
The  prisoners  were  asked  various  questions,  to  which  their 
reply  was,  "  We  are  not  aware  of  having  broken  any 
law."  Legg  swore  to  their  having  been  present  at  the 
meeting  on  December  9th,  and  they  were  thereupon 
remanded — James  Hammett  with  the  rest,  though  not 
present,  as  sworn  to  by  Legg.  On  entering  the  prison 
they  were  searched,  stripped,  their  heads  shorn  (the 
prison  crop),  and  kept  in  confinement  till  the  following 
Saturday — five  days. 

12.  Means  Employed  to  Ensure  Conviction. — On 
March  ist  they  were  brought  before  the  bench  of 
magistrates,  Legg  again  being  the  sole  witness,  when 
they  were  committed  for  trial.  They  were  tried  on 
March  I5th  at  the  County  Hall,  when  another  witness 
was  produced  by  the  name  of  Lock.  Efforts  were  made 
by  lawyers,  justices,  parsons,  and  others  to  induce  some 
one  or  more  of  those  six  men  to  give  evidence  against  the 
others.  They  all  refused,  though  freedom  was  offered  as 
a  reward.  The  evidence  was  absolutely  »/7,  except  on  one 
point.  The  witnesses  swore  that  the  men  took  an  oath. 
This  they  did  not  deny.  But  the  oath  they  took  not 
only  bound  them  together  in  a  bond  of  fraternity,  but  also 
bound  them  not  to  violate  the  law.  In  any  case  the  law 
as  to  unlawful  oaths,  in  the  Combination  Laws  and  other 
enactments  relating  to  labour,  had  been  repealed.  They 
were  not  re-enacted  in  the  6  Geo.  IV.,  c.  129.  But  con- 
viction was  desired  and  intended.  Every  page  in  the 
lives  of  these  men  was  ransacked  in  order  to  discover 
something  to  their  disadvantage.  The  search  failed. 
Even  their  employers  had  to  admit  that  they  were  honest, 
sober,  industrious  men.  They  had  indeed  been  guilty  of 
one  grave  offence  which  told  against  them.  They  were 
Methodists,  some  of  them  local  preachers — a  shocking 
offence  in  those  days  in  many  villages,  especially  in  Dorset 
and  other  "West  Countries."  Indeed,  next  to  poaching, 
it  was  the  gravest  of  all  offences.  Agricultural  labourers 
who  could  desert  the  mother  Church — well,  they  could  be 


DEVELOPMENT  OF   UNIONISM  65 

guilty  of  anything.  And  these  men  were  so  hardened 
that  they  would  not  even  apologise  ;  more,  they  defended 
their  action.  Conviction  in  such  a  case  was  essential  for 
the  safety  of  the  country.  It  would  be  a  disastrous  thing 
for  such  men  to  be  let  loose  on  society.  Yes,  conviction 
was  essential. 

13.  Judge    and    Prisoners    Corn-pared. — In     order    to 
ensure  conviction   the  Act  of  37  Geo.  III.,  c.  123,  was 
called    into    requisition.       This    was    an    Act    passed    in 
1796-7  for  the  suppression  of  mutiny  among  marines  and 
seamen,  caused  by  the  Mutiny  of  the  Nore.     Under  the 
provisions  of  that  Act  the  men  were   convicted.      The 
Judge — Baron  John  Williams,  then  recently  appointed — 
is  reported  to  have  said  :   "  If  such  societies  were  allowed 
to  exist,  it  would  ruin  masters,  cause  a  stagnation  in  trade, 
destroy  property,  and  if  they  (the  jury)  should  not  find 
the  prisoners  guilty,  he  was  certain  they  would  forfeit  the 
good  opinion  of  the  grand  jury."     A  verdict  of  guilty 
was   returned.     How,    indeed,    could    it    be   otherwise  ? 
"  The  grand  jury  were  landowners  ;  the  petty  jury  land 
renters.'*     The  prisoners,  asked  if  they  had  anything  to 
say,  Loveless,  on  behalf  of  all,  repudiated  any  unlawful 
intention.     He  said  :  "  We  have  injured  no  man's  repu- 
tation, character,  person,  or  property  ;  we  were  uniting 
together  to  preserve  ourselves,  our  wives  and  our  children 
from  utter  degradation  and  starvation.     We  challenge  any 
man,  or  number  of  men,  to  prove  that  we  have  acted,  or 
intended  to   act,   different    from    the    above    statement." 
This  was  the  dignified  reply.  As  the  judge  was  about  to  pro- 
nounce sentence,  one  of  the  counsel  rose  and  protested.     He 
declared  that  not  one  of  the  charges  brought  against  any 
of  the  prisoners  at  the  bar  had  been  proved,  and  that  a 
great  number  of  persons  were  dissatisfied,  adding  that  he 
himself  was  one. 

14.  The  Judge  and  his  Sentence. — Two  days  later  they 
were  again   placed  at  the  bar  to  receive  sentence.     The 
learned  judge  told  them  "  that  not  for  anything  that  they 
had  done,  or  intended  to  do,  but  as  an  example  to  others, 
he  considered  it  his  duty  to  pass  the  sentence  of  seven 

6 


66  LABOUR   LEGISLATION 

years'  transportation  across  his  Majesty's  high  seas,  upon 
each  and  every  one "  of  the  prisoners.  Execration  is 
the  only  suitable  word  to  apply  to  judge  and  sentence. 

15.  Treatment  of  the    Prisoners. — The  prisoners  were 
handcuffed  and   guarded  back  to  prison.     Loveless  was 
taken  ill  in  his  dungeon  and  was  carried  to  the  hospital. 
His  companions  were  hurried  off  to  the  hulks  at  Ports- 
mouth.    The    doctor   and   one  of  the  magistrates  plied 
Loveless  with  questions  in  the  hospital,  the  latter  insult- 
ing  him    because    of  what   he    was   pleased  to   call    his 
"  obstinacy."     But  Loveless  retorted    that    the   meeting 
for  which  they  had  been  indicted  was  held  on  December 
9,  1833  ;  the  justices'   proclamation  was  not   issued  till 
February  21,  1834,  nine  weeks  after  the  alleged  offence  ; 
and  within  three  days  after  the  "  caution  "  they  were  all 
in    gaol.     As    his    companions    had  been   hurried   away, 
Loveless  pleaded  to  join  them,  and  on  April  5th  he  was 
conveyed  to  Portsmouth.     When  they  reached  Salisbury 
the  clerk  to  the  prison  offered  to  remove  the  irons  from 
the  prisoner  because  it  would  attract  the  attention  of  the 
people.     Loveless  replied  that  he  was  not  ashamed  of  his 
irons,  being  conscious  of  his  innocence. 

1 6.  A  Captains  Humanity. — On  his  arrival  at  Ports- 
mouth he  was  rather  appalled  by  the  sight  of  the  hulks, 
the  clanking  of  chains,   and  the   stripped  men.       Being 
ordered  to  the  smith's  shop  to  have  his  irons  riveted  on 
his  legs  he  felt  depressed  ;  the  first  mate,  however,  told 
him  that   by  the  captain's  order  he  was  to  be  placed  in 
No.  9  Ward,  one  of  the  best  and  quietest,  in  consequence 
of  the  good  character  which  he  (the  captain)  had  received 
concerning  him.     George  Loveless,  then  a  poor  prisoner, 
under  sentence  of  transportation,  speaks  with  some  pride 
as  well  as  thankfulness  of  the   conduct   of  the  captain. 
After   all    the  slanders,    the    accusations,    the    atrocious 
declarations,  here  was  a  good  character  given  of  him,  an 
answer   to  all   his   accusers  ;    the    captain    of  the    hulks 
accepted  it,   believed  it,  and  treated  him  kindly.     This 
incident  of  a  naval  captain's  conduct  deserves  mention. 


CHAPTER   IX 

REVIVAL    OF    AGITATION,   STRIKES,    PROSECUTIONS,    PRO- 
GRESS   OF    UNIONISM 

THE  scandalous  prosecution  of  the  six  Dorchester 
labourers  and  the  atrocious  sentence  passed  upon 
them,  evoked  a  storm  of  indignation  throughout  the 
land.  Never  before  had  there  been  such  outspoken 
criticism  of  judge  and  jury,  such  condemnation  of  a 
judge's  sentence,  and  of  those  in  power.  In  the  House 
of  Commons,  Joseph  Hume,  William  Cobbett,  Daniel 
O'Connell,  Sir  William  Molesworth,  J.  A.  Roebuck 
voiced  the  cause  of  the  persecuted  and  unjustly  sentenced 
men.  Out  of  Parliament  Robert  Owen,  Francis  Place, 
Rev.  Dr.  Wade,  Rev.  J.  S.  Bull,  friend  of  the  factory 
operatives,  supported  the  workers'  demand  for  pardon. 
The  Government  was  obdurate,  and  even  Lord  Brougham 
supported  Lord  Melbourne  in  his  attitude  of  resistance  to 
the  appeals  for  "  mercy."  No  wonder  that  the  Whigs 
were  hated  and  cursed  as  enemies  to  progress.  There 
was  a  dead  set  against  the  Times  newspaper,  workmen 
refusing  to  go  to  public-houses  and  coffee-shops  where  it 
was  taken  in.  The  Times  expressed  delight  with  the 
sentence  when  passed,  because  of  "  the  criminal  and  fearful 
spirit  of  combination  which  had  seized,  like  a  pestilence, 
on  the  working  classes  of  this  country."  In  less  than  a 
month  after  it  wrote  :  "  The  dilemma  in  which  the  prosecu- 
tion is  in  is  this — the  crime  which  called  for  punishment 
was  not  proved  ;  the  crime  brought  home  to  the  prisoners 
did  not  justify  the  sentence."  What  severer  condemna- 


68  LABOUR   LEGISLATION 

tion  could  be  uttered — a  condemnation  alike  of  the 
prosecution  of  the  Government  and  of  the  'Times  news- 
paper itself.  Most  wonderful  Times !  alas,  how  often 
has  it  supported  a  bad  cause — and  then  relented  ! 

1.  Sympathy    and   Support. — The    working    classes,    as 
represented  by  trade  unions,  had  two  duties  to  perform. 
One  was  to  support  the  wives  and  families  of  the  men 
transported  ;  the  other  was  to  take  steps  for  securing  the 
men's  release.     The  Pioneer  was  the  chief  mouthpiece  of 
the  unions  at  the  time,    and  worked  with  a  will.     The 
True  Sun  also  assisted.     Money  was  obtained  to  pay  the 
costs  of  the  defence  of  the  men,  and  money  was  supplied 
to    their   families.     Subscriptions    came    not    alone    from 
working  people,   for  some   of  the   middle  class  showed 
practical  sympathy  by  subscribing. 

2.  Petitions  for  Release  of  the  Convicts. — Efforts    for 
the  release  of  the  men  were  unsparing.     Memorials  and 
petitions  were  signed  all  over  the  country.     At  one  sitting 
alone   petitions  with  50,000  signatures  were  laid  on  the 
table  of  the  House.     The  memorial  presented  to   Lord 
Melbourne  was  signed  by  240,000  persons.     The  signa- 
tures represented  something  vastly  more  than  outraged 
labour's  protest. 

3.  Indignation  at  the  Sentence. — More  significant  still, 
in  one  sense  at  least,  was  the  outburst  of  indignation  at 
monster    public    meetings,  culminating    in    the   immense 
gathering    in    Copenhagen    Fields,    attended    by    some 
400,000    persons.       The    procession    alone    consisted  of 
between  40,000  and    50,000  persons,   following  the  car 
upon  which  was  the  memorial  to  Lord  Melbourne.     In 
that  procession  were  Robert  Owen,  the  Rev.  Dr.  Wade, 
and    others  then  of  note.     The  feeling  entertained  was 
expressed  by  J.  A.   Roebuck,   M.P.,   thus,  as  reported  : 
"  He  declared,  by  Heaven,  that,  as  far  as  he  knew  any- 
thing of  the  law,  the  conviction  was  illegal."     A  Dorchester 
attorney   declared   that  "  the  judicial  proceedings  at  the 
trial   were   so  disgustingly   arbitrary  that  he    could    not 
prevail  upon  himself  to  remain  in  court."     There  were 
more  severe  expressions  than  these  by  workmen  and  others. 


PROGRESS  OF   UNIONISM  69 

4.  Demonstration — Precautions     of    Government. — The 
organisers  of  the  Copenhagen  Fields  meeting  on  April 
2  ist    took    every    precaution    to    ensure    order.     They 
notified  to  Lord  Melbourne  that  the  meeting  was  to  be 
held,  and  stated  its  object  ;  first  by  and  through  Robert 
Owen,  and  then    by    a    formal    deputation.     The   latter 
asked  that  some  police  should  be  told  off  to  attend  the 
procession  ;  this  was  refused.    The  Home  Secretary  stated 
that  the  police   had  general  instructions  to  preserve  the 
peace,  "and,"  he  added  emphatically,  "they  shall  preserve 
it."     This    significant    threat    was    not    needed  ;  it  only 
showed  the  animus  of  the  Minister.     The  precautionary 
measures  were  not  merely  "  general,"  as  Lord  Melbourne 
suggested.     A    special  notice    was  issued,  under  express 
sanction  of  the  Government,  by  F.  A.  Roe,  chief  magis- 
trate, Public  Office,   Bow  Street,    dated   April    I9th,   in 
which    the    following    words    occur  :   "  Whereas    such    a 
meeting  and  such  proceedings  are  highly  improper  and 
objectionable,  calculated  to  excite  terror  in  the  minds  of 
the  well-disposed  and  peaceful  inhabitants  of  the  metro- 
polis, and  may  prove  dangerous  to  the  public  peace,  as 
well  as  to  the  individuals  engaged  in  them,  the  magistrates 
of  the  police  offices  hereby  warn  all  classes  of  his  Majesty's 
subjects  of  the  danger  to  which  they  expose  themselves  by 
attending  such  meeting  or  taking  part  in  such  proceed- 
ings."    Letters   were    addressed   to   all   Justices  of  the 
Peace  in  Middlesex  and  adjoining  counties  requiring  their 
co-operation.     Troops  of  all  kinds  were  poured  into  the 
metropolis — infantry,  cavalry,  and  artillery  with  cannon, 
in  addition  to  the  Life  Guards,  Horse  Guards,  Lancers, 
Queen's  Bays,  and  other  regiments  stationed  in  London. 
But,    happily,   all    this    armed    force    was    kept    out    of 
sight — "  Not  a  soldier  was  to  be  seen,"  said  a  reporter  of 
the  Pioneer. 

5.  Lord  Melbourne  and  the  Petition. — Lord  Melbourne 
had  stated  to  Robert  Owen  that   "he  .would  be  at  the 
Home  Office  from  1 1  a.m.  till  5  p.m.,  or  any  other  hour 
convenient  to  the  deputation,  but  that  he  would  receive  no 
deputation  which  was  accompanied  by  a  vast  assemblage 


70  LABOUR   LEGISLATION 

of  persons  for  the  purpose  of  intimidation."  The 
assemblage  was  not  for  intimidation,  but  for  the  purposes 
of  demonstration,  quite  a  different  matter.  However,  his 
lordship  was  quite  within  his  rights  in  either  case.  The 
car  containing  the  petition  was  specially  constructed  for 
the  purpose,  and  was  borne  on  the  shoulders  of  twelve 
men.  The  car  was  in  front,  followed  by  Dr.  Wade,  in 
full  canonicals  as  Doctor  of  Divinity,  and  Robert  Owen. 
Then  came  the  procession,  from  six  to  seven  miles  long, 
of  40,000  to  50,000  men,  attended  by,  it  is  estimated, 
between  50,000  and  60,000  persons  not  in  the  procession. 
The  petition  was  carried  to  the  Home  Office,  five  persons, 
with  Mr.  Owen,  being  deputed  to  see  the  Home  Secretary. 
His  lordship's  secretary  stated  that  the  Home  Secretary 
refused  to  see  a  deputation  accompanied  by  the  procession, 
and  objected  to  Mr.  Owen  personally  as  not  being  one  of 
the  deputation.  The  whole  six  then  retired,  and  the 
deputation  of  five  returned,  but  were  informed  that  the 
petition  could  not  be  received  under  the  circumstances, 
but  would  be  received  if  presented  on  another  day  in  a 
proper  manner.  The  deputation  then  retired,  taking  the 
petition  with  them.  The  procession  had  meanwhile 
moved  on  down  Parliament  Street,  over  Westminster 
Bridge,  and  thence  to  Kennington  Common.  After  a 
short  rest  the  procession  and  spectators  quietly  dispersed, 
in  good  order.  There  was  no  disturbance  from  first  to 
last  ;  neither  police  nor  military  were  called  into  requi- 
sition or  needed. 

6.  Petitions •,  Discussions,  and  Reprieve. — The  great 
petition  was  subsequently  "  presented  in  a  becoming 
manner/'  and  was  presumably  laid  before  his  Majesty 
the  King,  as  were  numerous  other  petitions  on  the  same 
subject.  There  was  a  short  discussion  on  the  subject  in 
Parliament  on  the  following  Monday,  April  28th.  Lord 
Brougham,  in  the  House  of  Lords,  had  to  acknowledge 
that  public  meetings  were  legal  enough,  but  he  added, 
"  It  is  not  legal  for  men  to  assemble  together  in  vast 
bodies  disproportioned  to  the  necessity  of  the  occasion  " 
a  curious  remark  from  one  who  supported  the  immense 


PROGRESS  OF   UNIONISM  71 

gatherings  in  favour  of  the  Reform  Bill  a  year  or  two 
previously.  Lord  Melbourne  hoped  that  the  public 
displays  alluded  to  "would  die  a  natural  death."  At  a 
great  "  public  meeting  of  the  West  Riding  of  Yorkshire," 
held  on  April  28th,  on  Wisby  Moor,  a  memorial  was 
adopted  for  the  release  of  the  Dorchester  labourers,  and 
two  men  were  appointed  to  wait  upon  Lord  Melbourne 
on  May  6th.  They  went  ;  they  were  received  by  some 
secretary  or  other  official,  after  Lord  Melbourne  had 
himself  appointed  to  meet  them.  They  were  then  told 
that  Lord  Melbourne  could  not  receive  the  memorial  in 
its  present  form.  But  they  reminded  his  lordship  in 
a  letter  that  he  had  had  a  copy  of  the  memorial  when  he 
had  made  the  appointment.  In  consequence  of  the  agita- 
tion, the  petitions,  and  the  speeches  of  Sir  William 
Molesworth  and  others  in  Parliament,  Lord  John  Russell 
stated  that  "  orders  were  forwarded  that  the  Dorchester 
Unionists  were  not  only  to  be  set  at  liberty,  but  also  to 
be  sent  back  to  England,  free  of  expense  and  with 
every  necessary  comfort."  So  far  all  appeared  to  be  well. 
The  unions  had  succeeded,  and  it  only  remained  to  help 
the  families  left  behind. 

7.  Treatment  of  the  Men  "  Reprieved." — So  satisfied 
were  the  unions  with  what  had  been  done,  as  they 
supposed,  that,  with  the  exception  of  lists  of  contributions 
from  time  to  time,  and  occasional  references  in  speeches 
and  newspapers,  the  fate  of  these  men  dropped  out  of 
notice  for  some  years.  Now  comes  a  cruel  sequel.  The 
men  had  been  hurried  out  of  the  country,  to  Hobart 
Town,  Van  Dieman's  Land.  Some  were  put  to  work 
with  the  chain-gangs  on  the  roads,  others  on  the  Govern- 
ment farm.  At  the  end  of  1835  George  Loveless  had 
an  offer  from  the  Governor  to  send  for  his  wife  to  settle 
in  the  colony — no  mention  of  a  pardon  or  release  being 
made.  Loveless  refused  to  send  for  his  wife  and  children 
so  long  as  he  was  a  prisoner.  At  last,  however,  he 
consented.  He  wrote  on  January  27,  1836.  On 
February  5th  he  was  sent  for  by  the  superintendent  of 
police,  when  he  was  informed  that,  by  the  order  of  his 


72  LABOUR  LEGISLATION 

Majesty's  Government,  he  was  to  be  "  exempted  from 
Government  labour,  and  he  was  to  employ  himself  to  his 
own  advantage  until  further  orders."  This  was  nearly 
two  years  after  his  conviction  and  sentence,  and  a  year 
and  nine  months  after  Lord  John  Russell's  statement  to 
Parliament.  It  was  near  the  close  of  1836  when  Loveless 
saw  a  copy  of  the  London  Dispatch,  in  which  it  was 
announced  that  the  Dorchester  Unionists  had  been  re- 
prieved. Loveless  states  "  that  orders  were  sent  from  the 
Home  Government  to  work  the  Dorchester  Unionists  in 
irons  on  the  roads,"  but  the  order  had  not  been  enforced  by 
the  Governor.  The  Hobart  Town  Tasmanian  is  respon- 
sible for  this  statement.  Loveless  did  not  know  what 
had  become  of  his  companions,  and  therefore  he  addressed 
a  letter  to  the  editor  of  the  Tasmanian  with  respect  to  the 
u  free  pardon,"  and  asking  whether  the  other  five  had 
been  sent  home,  as  Lord  John  Russell  had  said  they 
would  be. 

8.  George  Loveless  and  his  Pardon. — As  a  result  of 
the  publication  of  the  letter  in  the  Tasmanian,  signed 
"  A  Dorchester  Labourer,"  the  Governor  sent  a  letter  to 
Major  de  Gillern,  in  whose  service  George  Loveless  was, 
to  know  if  Loveless  were  employed  by  him,  and  stating 
that  he,  Loveless,  was  wanted  at  Hobart  Town.  The 
major  told  Loveless  of  the  letter,  but  said  nothing  about 
his  presence  being  required  by  the  Governor.  Loveless 
replied  to  the  letter,  and  in  answer  thereto  received 
one  from  the  Principal  Superintendent's  Office,  dated 
October  6,  1836,  in  which  he  was  informed  "  that  the 
reason  of  his  Excellency  wishing  to  see  you  is  in  conse- 
sequence  of  the  Secretary  of  State,  when  he  sent  the 
order  for  your  free  pardon,  having  authorised  his 
Excellency  to  give  you  a  free  passage  to  England,  and  he 
therefore  wishes  to  be  informed  whether  you  are  willing 
to  go  back  ;  in  that  case  his  Excellency  will  give  you  a 
free  passage  by  the  Elphinstont"  Loveless  wrote  back 
to  say  that  he  highly  appreciated  the  kind  offer  of  his 
Excellency,  and  would  gladly  avail  himself  of  the  offer, 
but  that  he  was  placed  in  an  awkward  position.  He 


PROGRESS  OF   UNIONISM  73 

reminded  his  Excellency  of  the  fact  that  he  had  been 
persuaded  to  send  for  his  wife,  and  so  far  as  he  knew  she 
might  be  on  her  way  out,  as  months  had  elapsed  since  he 
wrote  for  her.  He  asked,  therefore,  that  he  might  be 
allowed  to  remain  until  he  saw  her  or  heard  from  her. 
The  answer  to  his  letter  was  as  follows  :  "  George 
Loveless,  in  answer  to  your  note,  wishing  to  know  if  you 
could  be  allowed  a  passage  to  England,  I  have  to  inform 
you  that,  unless  you  go  by  the  present  opportunity,  the 
Government  will  not  be  able  to  give  you  a  free  passage. — 
JOSIAH  SPODE,  8th  of  October,  1836."  This  man,  there- 
fore, had  been  placed  in  this  position  :  the  Governor 
persuaded  him  to  send  for  his  wife,  and  before  she  could 
arrive  was  offered  his  passage  home. 

9.  Free  Pardon:  Return  to  England. — Some  eight  or 
ten  days  later  Loveless  went  to  Hobart  Town  and  called 
at  the  Colonial  Secretary's  office  to  explain  his  position. 
He  was  then  blamed  for  not  calling  before.  He  ex- 
plained that  he  did  not  know  that  he  was  wanted.  The 
official  replied  that  the  letter  was  sent  to  Major  de  Gillern 
because  they  did  not  know  his  (Loveless's)  address.  "That 
cannot  be,"  replied  Loveless,  "  as  the  place  called  my  home 
is  registered  in  the  Police  Office,  by  order  of  the  Governor." 
The  official  replied,  "  Well,  the  order  is  to  send  you  back 
by  the  first  ship."  Loveless  then  said,  "I  think,  sir, 
you  have  had  a  free  pardon  for  me  in  your  office  some 
considerable  time  longer,  before  I  knew  anything  about 
it,  than  I  have  delayed  in  coming  since  I  have  known  of 
it."  Ignorance  of  address  was  pleaded,  but  it  was  known, 
being  registered  in  the  office.  Loveless  further  objected 
to  be  sent  home  as  a  prisoner,  he  then  being  a  free  man. 
The  official  then  said,  "  Well,  Loveless,  what  do  you 
want  ?  "  He  repeated  his  request  to  be  allowed  to  remain 
until  he  heard  from  his  wife,  and  to  have  something  to 
show  that  he  might  claim  a  free  passage  to  England. 
The  official  promised  to  draw  up  a  memorandum,  and  let 
him  know  in  a  few  days.  On  October  24,  1836,  he 
received  a  letter  from  the  Principal  Superintendent's 
Office  to  say  that  his  Excellency  the  Governor  had  con- 


74  LABOUR   LEGISLATION 

sented  to  his  remaining  in  the  colony  until  he  heard 
tidings  of  his  wife,  and  that  a  free  passage  home  was 
complied  with.  On  December  23rd  Loveless  received 
a  letter  from  his  wife  declining  to  join  him  in  the 
colony.  He  then  wrote  to  the  Colonial  Secretary  to 
that  effect.  As  no  answer  was  received,  he  went  to 
Hobart  Town  on  January  20,  1837.  On  calling  at  the 
office  he  was  told  that  a  letter  had  been  sent  to  him  care 
of  Major  de  Gillern.  A  steerage  passage  was  granted  on 
the  ship  Eveline.  On  Monday,  January  3oth,  he  sailed, 
and  arrived  in  London  on  June  13,  1837. 

i  o.  Who  were  Responsible  for  Delay  ? — Special  attention 
has  been  given  to  the  narrative  of  George  Loveless 
because  he  it  was  who  preserved  a  connected  account  of 
what  passed,  the  narrative  being  published  by  the  Central 
Dorchester  Committee,  London,  September  4,  1837, 
when  all  the  parties  were  still  alive — the  transported  men, 
the  four  committing  magistrates,  the  foreman  of  the 
grand  jury,  the  jury,  the  judge,  and  the  witnesses  of  the 
prosecution — all  the  names  being  given  in  full  ;  also  those 
of  the  seven  chief  Ministers  of  the  Crown  then  in 
office  as  his  Majesty's  Government.1  These,  or  any  of 
them,  could  have  answered  the  report  if  there  had  been 
misstatements  of  fact  or  exaggeration  in  respect  of  any  of 
the  events  or  circumstances.  None  were  challenged. 
The  serious  question  which  arises  is,  Who  was  responsible 
for  the  delay  in  freeing  these  men,  and  safely  landing 
them  in  England  ?  Who  gave  the  order  for  the  men  to 
work  in  chains  on  the  road  ?  Why  was  the  free  pardon 
withheld  ?  It  would  seem  that  every  effort  was  made  to 
induce,  almost  to  compel  them  to  remain  in  the  convict 
colony.  Why  ?  Was  it  lest  their  tale  of  wrongs  inflicted 
would  arouse  public  indignation  in  England,  and  evoke 
the  wrathful  power  of  the  unions  ? 

ii.  Hammerfs  Story  of  a  Convict's  Life. — Of  James 
Loveless,  brother  of  George,  John  and  Thomas  Standfield, 
brothers,  and  James  Brine,  very  little  is  known,  except 
that,  when  they  could  get  away  from  the  convict  colony, 

1  The  report,  with  additional  particulars,  was  reprinted  in  1875. 


PROGRESS   OF   UNIONISM  75 

they  went  to  Canada,  where  they  prospered.  This,  at 
any  rate,  was  the  report  in  their  native  village  so  late  as 
1875.  James  Hammett,  who  was  wrongly  convicted, 
returned  to  England,  and  was  welcomed  as  a  hero  and 
martyr  in  the  cause  of  labour.  In  his  speech  at  Briants- 
puddle,  March,  1875,  ne  was>  ne  sa^»  so^  ^ke  a  slave 
for  £1.  The  convicts'  names  were  written  on  slips 
of  paper,  the  agents  drew  lots,  each  man  at  £i  per  head. 
Hammett  being  drawn,  the  agent  gave  him  the  name  of 
his  master,  told  him  the  place  where  the  master  lived,  and 
sent  him  on  his  way,  four  hundred  miles,  in  a  strange 
land,  with  provisions  to  last  for  twenty-two  days  to  carry 
on  his  back,  sleep  where  he  could,  and  inquire  his  way  as 
he  went  along.  Weary  and  footsore,  he  reached  his 
destination  without  a  guide  and  without  money,  with 
only  his  meagre  rations.  He  did  not  complain  of  bad 
treatment  by  his  master,  and,  indeed,  they  all  appear  to 
have  escaped  flogging,  though  threatened  from  time  to 
time.  But  one  of  the  first  things  witnessed  by  James 
Hammett,  after  his  three  weeks'  quarantine,  was  a  stripped 
convict  strapped  across  a  barrel  and  there  given  seventy- 
five  lashes  :  fifty  on  his  bare  back  and  shoulders  and 
twenty-five  on  the  calves  of  his  legs — a  lesson  not  to  be 
forgotten.  George  Loveless  also  was  a  witness  of  many 
other  cruelties,  and  suffered  many  himself,  though  he 
escaped  flogging. 

12.  General  Review  of  the  Case. — The  narrative  of  the 
six  Dorchester  labourers  has  exceeded  in  length  what  I 
had  intended,  but  the  story  had  to  be  told.  The  episode 
is  a  startling  one  in  the  history  of  labour.  The  issues 
involved  were  grave,  the  circumstances  were  exceptional, 
the  prosecution  was  a  travesty,  the  manner  of  conviction  was 
almost  unprecedented,  the  sentence  was  cruel,  not  to  say 
savage,  and  the  subsequent  treatment  of  men  as  convicts, 
after  they  had  received  the  king's  pardon,  was  un- 
paralleled in  the  history  of  the  administration  of  criminal 
law  in  England.  The  horror  of  it  all  was  intensified 
because  of  the  fact  that  all  these  things  took  place  after 
the  Reform  Act  of  1832,  under  the  authority  of  the 


76  LABOUR   LEGISLATION 

Reform  Ministry,  the  chiefs  of  which  sanctioned  popular 
gatherings  of  the  unenfranchised  masses  as  a  stepping- 
stone  to  power  ;  and,  above  all,  that  it  should  have 
occurred  eight  years  after  the  repeal  of  the  Combination 
Laws,  under  "  popular  government  "  with  representative 
institutions. 


CHAPTER    X 

FURTHER     GROWTH     OF     UNIONISM EMPLOYERS'     FEARS 

INQUIRY    IN     1838 


TATESMEN,  so  called,  are,  as  a  rule,  notoriously 
ignorant  of  the  teachings  of  history,  or  they  are  too 
egotistical  to  accept  and  apply  them.  There  is  one  lesson 
of  all  others  as  to  which  history  is,  I  think,  unanimous, 
namely,  that  persecution  is  the  seed-bed  of  popular  revolt. 
Repression,  as  a  general  rule,  fails  in  the  end,  at  great 
cost  of  blood  and  treasure.  Persecution  evokes  en- 
thusiasm, nerves  men  to  heroic  deeds,  and  sustains  them 
in  danger,  in  suffering,  in  torture,  and  at  the  stake. 
This  is  as  true  industrially  as  it  is  politically  ;  all  admit 
the  truth  as  regards  religious  persecution.  And  yet 
statesmen  rely  upon  repression  to  secure  their  ends. 
There  is  a  point  where  prosecution  becomes  persecution  ; 
it  was  so  in  the  case  of  labour.  The  success  of  those 
methods  may  be  estimated  by  comparing  the  cause  of 
labour  a  century  ago,  seventy-five  years  ago,  fifty,  forty, 
or  even  thirty  years  ago,  with  the  position  of  the  labour 
movements  of  to-day.  Lord  Melbourne  is  a  notable 
instance  of  obliviousness  to  the  lessons  indicated,  or  he 
utterly  disregarded  what  they  taught.  His  principal 
biographer,  my  old  friend,  W.  M.  Torrens,  says  :  "  He 
had  no  enmities  and  no  enemies.  Rancour  was  foreign  to 
his  nature,  and  lasting  resentment,  no  matter  what  the 
provocation,  had  not  a  hiding-place  in  his  open  heart."  l 

1  "Memoirs  of  Viscount  Melbourne/'  new  edition  revised,  1890, 
P-  349- 

77 


78  LABOUR   LEGISLATION 

This  may  be  true  as  regards  persons,  but  certainly  not  as 
regards  concrete  bodies  and  the  individuals  who  repre- 
sented those  bodies.  He  might  have  had  no  rancour 
against  the  six  Dorchester  labourers  personally,  but  against 
trade  unions,  and  those  who  represented  unionism,  his 
resentment  not  only  had  a  hiding-place,  but  it  was  per- 
petual, insatiable. 

i.  Design  to  Re-introduce  Repressive  Legislation. — It  is 
necessary  to  go  back  a  few  years  in  our  review.  The 
facts  here  given,  and  those  previously  recorded,  seem  not 
to  have  been  known  to  Lord  Melbourne's  biographers,  or 
to  the  historians  of  the  period,  or  else  they  ignored  them. 
In  either  case  the  omission  is  indefensible.  One  is 
tempted  to  believe  either  that  the  truth  is  suppressed, 
that  false  issues  are  suggested,  or  that  the  writers  were 
ignorant  of  most  important  matters  connected  with  Lord 
Melbourne's  life  as  Home  Secretary  and  Prime  Minister 
of  England.  It  appears  that  so  early  as  November,  1830, 
a  few  days  after  he  had  received  the  seals  of  office  as 
Home  Secretary,  Lord  Melbourne  consulted  Mr.  Nassau 
W.  Senior  and  requested  him  to  inquire  into  combina- 
tions and  strikes,  to  report  on  the  state  of  the  law,  and  to 
suggest  improvements  in  it.  Mr.  Senior  was  a  political 
economist,  but  not  a  lawyer,  and  he  requested  the 
assistance  of  a  lawyer,  and  thereupon  Mr.  Tomlinson  was 
appointed  to  act  with  him.  Questions  were  circulated  and 
witnesses  were  examined,  and  in  1831  a  report  was  sent 
in  to  the  Home  Office,  "  which,"  Mr.  Senior  naively  says, 
"  must  still  be  in  the  archives  of  the  Home  Office."  J 
We  have  no  information  as  to  the  questions  circulated,  to 
whom  they  were  sent,  or  who  were  the  witnesses  examined 
by  this  secret  commission  of  two  persons.  But  Mr. 
Senior  tells  us  that,  as  Commissioner  in  1841,  "on  the 
condition  of  the  hand-loom  weavers/'  he  introduced  into 
the  report  "the  most  material  portions"  of  the  joint 
report  of  Mr.  Tomlinson  and  himself  on  combinations 
and  strikes.  This  is  important,  because  a  Select  Com- 

1   See  "Historical  and  Philosophical  Essays,"  1865,  vol.  ii.,  "Com- 
binations." 


FURTHER  GROWTH   OF   UNIONISM  79 

mittee  was  appointed  to  inquire  in  1838,  but  such  report 
was  not  then  given  ;  it  was  reserved  for  another  three 
years,  making  ten  years  from  its  date. 

2.  Lord  Melbourne  s  Attitude  in  1830. — It  is  important 
that  an  outline  of  those  "  most  material  portions  "  should 
be   introduced  here,   for  two  reasons  :    (i)  Because  that 
report  made  in  1830  seems  to  have  not  only  influenced 
but  practically  governed  the  policy  of  Lord  Melbourne 
during  the  whole  time  he  was  in  office  ;    (2)  because  a 
reference  to  it  at  a  later  date  would  be  useless  and  out  of 
place  and  not  even  pertinent  to  the  inquiry  of  1841. 

3.  Inquiry   by  Mr.   Senior. — The  spirit   in  which  the 
inquiry  was  conducted  by  Mr.  Senior  in  1830  is  obvious 
from   his   observations   in   publishing  that  report,  in  his 
own    name,   in    1865,  at   a  period,  too,  when  a  further 
attempt   was  contemplated   of  interfering   with,   even   of 
"  stamping   out  the  unions."     Mr.  Senior  says  :    "  The 
law  remains  as  defective,  the   combinations  are  as  tyran- 
nical, as  unresisted,  and  as  mischievous  as  they  were  in 
1831.     I  still  believe  that  the  remedies  suggested  by  us 
would  be   useful,   perhaps   effectual.     I  still   cherish   the 
hope  that  a  Home  Secretary  will  be  found  wise  enough 
and  bold  enough  to  grapple  with  this  tremendous  evil." 

4.  Synopsis  of  Report  of  Messrs.  Senior  and  Tomlinson. 
— (i)  In  the  outset  they  say  that  "the  object  of  com- 
binations among  workmen  is  the  increase  of  wages  and 
the  general    improvement   of  their   condition,  and   they 
have  adhered  to  them  for  many  years,  at  the  expense  of 
great   and  widely-spread  suffering,   at   a  sacrifice  of  in- 
dividual liberty,  such  as  no  political  despotism  has  ever 
been   able    to    enforce,   and  with  a  disregard   of  justice 
and    humanity  which  only  the  strongest    motives  could 
instigate."     This  is  not  true,  even  of  the  years  covered 
by  the  two  inquiries,  in  1824  and  1825,  as  the  evidence 
shows.     Even  if  true,  the  conduct  of  employers  was  cer- 
tainly equally  bad.     The  revolt  of  the  workmen  was  an 
effect  of  bad   conditions,  not  the  cause  of  them,  nor  of 
the  "  widely-spread  suffering  "  which  was  endured. 

(2)  They    further    say  :    "  With    few   exceptions,   the 


8o  LABOUR    LEGISLATION 

tendency  of  combinations  has  been  precisely  the  reverse 
of  their  object,  .  .  .  and  they  have  led  to  the  positive 
deterioration  of  the  wages,  and  of  the  condition  of  those 
engaged  in  them,  and  of  the  numerous  body  who  are 
excluded  from  them."  Not  true  again.  The  complaint 
of  employers,  in  their  evidence,  was  that  the  unions  had 
increased  wages,  in  which  view  workmen  concurred.  The 
latter  also  knew  that  the  conditions  of  employment  had 
improved. 

(3)  With    respect   to    the    four    "  purposes    of    com- 
binations,"   only   one   can    be    said    to    be    fairly   stated, 
namely,  the  third  :   u  Raising  wages,  or,  what  is  the  same, 
preventing  their   fall.'*     Trade   unions  never  have  con- 
tended for  "equal  wages"  for  all  employed  in  the  same 
trade.     The  contention  was,  and   is,  for  a  minimum  or 
trade-union   rate — not  absolute  uniformity.      This   con- 
tention   is    now    generally   conceded.      The    two    other 
"  purposes "   named  were   not  even  then  entertained    in 
the  manner  stated  in  the  report. 

(4)  The  references  to  intimidation  and  outrage  are  of 
cases  antecedent  to  the  repeal  of  the  Combination  Laws, 
and  therefore  ought  not  to  have  been  introduced  with  the 
view  of  supporting  a  Whig  Government  in  an  attempt  to 
undo  what  the  Tories  had  effected,  namely,  the  repeal  of 
the  Combination  Laws,  by  the  re-enactment  of  those  laws, 
or  by  enacting  more  stringent  provisions  than  those  in 
the  existing  Act  of  1825. 

(5)  Various  paragraphs  relate  to  methods  of  organisa- 
tion, contributions,  management,  rules,  and  to  the  means 
adopted  to  attain  the  objects  aimed  at.     These  need  not 
be   recapitulated,   as,   with    the    exception    of  taking    an 
adverse  view  of  the  objects  and  means  of  trade  unionism, 
the    paragraphs   in    question   simply  represent    the    em- 
ployers' attitude  at  that  period. 

5.  Suggestions  for  Changes  in  the  Law. — (i)  As  a  pre- 
face to  their  suggestions  they  state  general  principles  as 
a  basis  of  law — rights  of  property,  individual  liberty, 
protection  from  violence  and  intimidation.  The  only 
objection  to  those  observations  is  that  they  seem  to  pre- 


FURTHER  GROWTH   OF   UNIONISM  81 

suppose  evil  intentions  only  on  the  part  of  workmen  ; 
employers  are  not  even  referred  to.  The  report  goes  on 
to  state  that  "the  law  of  England,  as  respects  com- 
binations," has  not  given  the  protection  which  was 
needed  !  Really  !  What  of  the  Combination  Laws  and 
the  other  series  of  enactments  set  out  in  Chapters  III.,  IV., 
and  V.  of  the  present  work?  If  the  legislature  "left 
undone  almost  all  that  ought  to  "  have  been  done,  whose 
fault  was  it  ?  Not  the  Government,  not  Parliament, 
not  the  administrators  of  the  law,  not  the  employers. 

(2)  The  report  continues:    "The   Common   Law  of 
England  considers  all  conspiracies  as  misdemeanours,  and, 
on  indictment  and  conviction  by  a  jury,  as  punishable  by 
fine  and  imprisonment/'   &c.     "  It   includes,  under   the 
general  head  of  conspiracy,  all  confederacies  where  either 
the    purpose    or    the    means    are   unlawful,   whether    the 
object  be  to  effect  a  lawful  purpose  by  unlawful  means, 
or  an  unlawful  purpose  by  any  means  whatever."     After 
referring  to  some  well-known  cases,  the  report  continues  : 
"  The  instant  the  labourers  or  the  masters  attempted  to 
make  common  cause,  the  instant  the  members  of  either 
body  agreed  to  support  one  another  in  their  requisitions, 
the  law  held  the  purpose  of  the  agreement  to  be  pre- 
judicial to  third  persons,  or  injurious  to  trade  in  general, 
and  therefore  an  unlawful  agreement — a  conspiracy,  and 
therefore  a  misdemeanour — and  the  parties  engaged  in  it 
might    be    indicted   either   as    having    conspired   among 
themselves,  or  together  with  parties  unknown  !  " 

(3)  Further  :   "It  did  not  matter  whether  the  acts  by 
which  the  objects  of  the  agreement  were  to  be  effected 
were   or  were   not   in   themselves  unlawful.     The  crime 
consisted  in  the  agreement  itself,  and  an  indictment  might 
be  sustained  by  simply  proving  the  agreement ;   without 
showing  that  a  single  act  had  been  done  to  carry  it  into 
effect ;    or   by  proving  various  acts  done  by  the  parties 
tending  to    one    common    end,   from    which   a  common 
design,  and  an  agreement  to  effect  that  design,  might  be 
inferred."    The  report  shows  how  the  monstrous  doctrine 
here  indicated  was  applied  to  labour  disputes,  by  including 

7 


82  LABOUR   LEGISLATION 

in  such  indictments  the  Common  Law  doctrines,  as  well  as 
specific  enactments  by  Parliament,  in  the  charges  against 
those  prosecuted.  Thus  "  the  Common  Law  erected  into 
crimes  acts  in  themselves  perfectly  innocent,  and  subjected 
the  acts  to  punishment."  Even  the  authors  of  the  report 
condemn  the  use  of  such  expedients  to  mete  out  "  far 
severer  punishment  to  persons  in  combination  to  raise 
wages,"  than  to  actual  crimes. 

(4)  The  remainder  of  the  report  deals  with  the  Acts 
in  force  prior  to  1824;  with  the  provisions  of  that 
statute,  with  its  repeal,  and  the  substitution  therefor  of 
the  Act  of  1825  ;  also  the  differences  in  the  provisions. 
Mr.  Senior  assumes  that  the  repeal  of  the  Common  Law 
in  1824  was  intentionally  absent  from  the  Act  of  1825, 
though  the  words  :  "  persons  meeting  "  or  agreeing  "  as 
aforesaid,  shall  not  be  liable  to  any  prosecution  or  penalty 
for  so  doing,  any  law  or  statute  to  the  contrary  notwith- 
standing/' would  seem  to  imply  that  the  Common  Law 
was  included,  though  it  was  not  mentioned.  It  was  a  bit 
of  legal  jugglery  to  substitute  such  words  ;  one  might  be 
pardoned  for  suggesting  that  a  trap  was  laid  for  unwary 
workmen. 

6.  Result  of  the  Inquiry  in   1830. — The  value  of  the 
secret  inquiry,  as  a  means  of  enabling  the  Whig  Ministry 
to  introduce  fresh   legislation    of  a  repressive  character, 
is  shown  by  its  limited  scope  and  ultimate  results.     The 
Commission  was  restricted  to  two  men,  one  of  whom  at 
least  was  notoriously  prejudiced.     It  was  one-sided  and 
inadequate.     There  is  no  available  report  of  the  evidence 
obtained,   and   the   Commissioners'    Report    thereon   was 
never  officially  published.     It  was  used,  however,  in  two 
subsequent  inquiries — in  1838  and  1845. 

7.  Extent  of  the  Inquiry. — Mr.  Senior  rightly  states  that 
the  "  inquiries  were  directed  almost  exclusively  to  Ireland 
and  Scotland  .  .   .  and  scarcely  extended  beyond  Dublin, 
Belfast,  and  Glasgow.7'     He   gives   some   extracts   from 
the  evidence  to  show  that  the  unions  tried  to  prevent 
men  working  under  conditions  which  were  regarded  as 
disastrous  to  labour.     He  even  introduces  extracts  from 


FURTHER   GROWTH   OF   UNIONISM  83 

the  "  First  Report  of  the  Constabulary  Commissioners  " 
to  support  his  view.  Upon  the  extracts  selected  he  bases 
various  conclusions,  which  he  formulates  into  a  series  of 
paragraphs  on  theories  of  wages,  of  supply  and  demand, 
&c.,  and  he  deprecates  alike  workmen's  combinations  to 
advance  wages  or  to  resist  reductions,  and  the  alliance 
of  employers  and  operatives  to  compel  other  employers  to 
pay  the  recognised  rates. 

8.  Authorship  of  Draft  Report. — Those  paragraphs,  and 
others  given  by  Mr.  Senior,  were  evidently  drafted  as  a 
report.     It  is  usual  for  a  report  of  a  Select  Committee 
to  be  drafted  by  the  chairman  ;  this  one  was  drafted  at 
the   instance    of   Lord    Melbourne,    with    the    authority 
of  the  Government.     That  it  was  drafted  by  Mr.  Senior 
is  certain — to  whom  was  it  submitted,  by  whom  approved? 
There  was  no  Committee  to  whom  it  could  be  referred, 
and  no  authority  to  sanction  its  publication.     Neverthe- 
less   it    saw    the    light    in    1865,   by  Mr.  Senior's  own 
authority. 

9.  Select  Committee  s  Inquiry  in  1838. — The  growth  of 
trade    unionism  from   1833,    and  especially  the  impetus 
given  to  it  by  the  prosecution  of  the  Dorchester  labourers 
in    1834,   and   the  agitation  which  followed  thereupon, 
seems  to  have  again  caused  a  flutter  in  the  dovecote  of  the 
Whig    Ministry.     True   to   his   old    prejudices,  and   to 
the  instinct  which  in   1830  led  him  to  contemplate  the 
undoing    the    legislation    of    his    predecessors   in    office, 
the  Tories,  in  1824  and  1825,  Lord  Melbourne  appointed 
a  Select  Committee  u  to  inquire  into  the  operation  of  the 
Act  6  Geo.  IV.,  c.  129,  and  generally  into  the  constitu- 
tion, proceedings,  and  extent  of  any  trades'  unions,  or 
combinations   of  workmen,  or   employers    of  workmen 
in  the  United  Kingdom,  and  to  report  their  observations 
thereon  to  the  House."     This  was  done  on  February  13, 
1838,  and,  on  June    i4th  the  evidence  was  reported  to 
the  House.1 

10.  Extent  of  Inquiry  and  Evidence. — The  Committee 

1   See  Chap.  XI.  par.  i  as  to  origin  of  inquiry,  evidence,  and  atti- 
tude of  trade  unions. 


84  LABOUR   LEGISLATION 

sat  on  eleven  days,  and  examined  fifteen  witnesses.  Of 
the  witnesses  examined  seven  were  employers,  five  were 
operatives,  one  a  lawyer,  one  Sheriff"  of  Lanarkshire,  and 
one  a  Manchester  magistrate.  The  preponderance  of 
evidence  was  as  ten  capitalists  to  five  operatives.  As 
is  usual  in  such  inquiries,  the  evidence  of  employers  and 
others  was  flatly  denied  by  the  operatives,  and  vice  versa. 
The  evidence  was  mainly  from  Glasgow  and  the  surround- 
ing districts,  from  Belfast,  and  some  from  Manchester 
and  district.  It  is  needless  to  go  through  the  evidence 
seriatim.  Cases  of  intimidation  were  alleged,  and  denied  ; 
the  cases  apparently  proved  mostly  took  place  anterior  to 
1825,  those  of  later  date  were  not  important.  The 
operatives  had  in  their  favour  Mr.  Hindley,  Mr.  Hume, 
Mr.  Crawford,  Mr.  Wakley,  Mr.  Poulett  Thompson, 
and  later  on  Lord  Ashley.  Sir  Henry  Parnell  was  an 
efficient  and  impartial  chairman. 

1 1 .  The  Common  Law  as  a  Weapon  in  Labour  Disputes. 
— Mr.  Senior,  in  his  draft  report,  states  that  the 
6  Geo.  IV.,  c.  129,  revived  the  Common  Law  against 
combinations,  with  the  exception  of  agreements  among 
persons  present  at  a  meeting,  &c.:  u  All  other  combin- 
ations and  agreements  to  the  prejudice  of  third  persons 
are  still  conspiracies,  and,  on  indictment,  punishable  at 
the  discretion  of  the  court  by  fine  and  imprisonment  ; 
in  case  of  assault  in  furtherance  of  a  combination  to  raise 
wages,  the  court  can,  under  9  Geo.  IV.,  c.  31,  §  35,  add 
hard  labour  for  any  term  not  exceeding  two  years."  He 
was  desirous  that  this  fact  should  be  specially  known. 
He  says  :  "  It  seems  to  be  supposed  that  combinations 
are  not  punishable  unless  accompanied  by  violence, 
intimidation,  or  molestation."  "  This,"  he  says,  "  is  true 
as  respects  statutory  punishment,  but  not  as  respects  the 
far  heavier  punishment  awarded  by  the  Common  Law." 
After  alluding  to  acts  so  punishable,  he  adds  :  "  In  fact 
there  is  scarcely  an  act  performed  by  any  workman  as 
a  member  of  a  trade  union  which  is  not  an  act  of 
conspiracy  and  a  misdemeanour."  Surely  this  ought 
to  have  sufficed  even  for  a  political  economist  like 
Mr.  Senior  or  a  Minister  like  Lord  Melbourne. 


FURTHER  GROWTH   OF   UNIONISM  85 

1 2 .  Increase  of  Penalties  under  Act  0/"  1 8  2  5 . — He  notes 
that,  besides  reviving  the  Common  Law,  the  6  Geo.  IV., 
c.  129,  increases  punishment  from  two  months  to  three 
months,  "  and  enables  a  conviction  on  the  oath  of  a  single 
witness."    He  then  seems  to  demur  to  the  provision  which 
"  gave    to    the    party    convicted    an    appeal    to    quarter 
sessions,"  a  section  which  he  quotes. 

13.  Suggested  Modification. — He  goes  on  to  say  :   "We 
recommend  that  the  statutory  process  and  penalties  be 
extended   to  some  acts  now  subject  only  to  the  severe 
punishment,  but  inconvenient  process,  of  Common  Law." 
He  adds  :  "  We  further  recommend  that  some  acts  be 
declared  punishable   the  criminal  character  of  which  has 
not  yet   been    distinctly   recognised  !  "     This,  after   his 
declaration   that  all  acts  by  a  trade  unionist  is  a  "  con- 
spiracy and   a  misdemeanour."     Mr.   Senior's  notion  of 
force  is  noteworthy. 

14.  Arrest    Without   Warrant. — It    is   further   recom- 
mended that  persons  offending  shall  be  seized  by  any  one 
"  without  summons  or  warrant,"  to  be  carried  "  before 
a  justice,"  and  there  compelled  "  to  give  their  names  and 
addresses."     Refusal    to   do   so   to    "  be    a  distinct  and 
cumulative  offence."     Further,   "  that  the  justices  have 
power  to  convict  and  punish  without  naming  the  convict, 
identifying  him  by  description  or  otherwise."     Thus,  we 
now  see  how  James  Hammett  was  accused  and  convicted, 
though  innocent,  in  1834. 

15.  Rejection  of  Report  by  Select  Committee  in  1838.— 
No  wonder  that  the  Select  Committee  of  1838  rejected 
such  a  report,  or  that  they  separated  without  report,  or 
even  so  much  as  a  remark  upon  the  evidence.     But  the 
intention  of  the  Government,  or  at  least  of  the  Home 
Secretary,   is  painfully  evident   in  this  draft  report,  the 
main  principles  of  which  were  in  the  report  presented  in 
1830-31.     It  seems  almost  impossible  that  such  recom- 
mendations should  have  been  made  so  late  as   1838,  and 
that    too,   apparently,   with    the    implied    sanction    of    a 
Minister  of  the  Crown — the  Home  Secretary,  at  whose 
door   lies  the  deplorable  injustice  done  to  the  six  poor 


86  LABOUR   LEGISLATION 

Dorchester  labourers.  And  parts  of  this  rejected  report 
appears  in  the  Report  of  1841  on  the  Hand-loom 
Weavers,  three  years  after  the  inquiry  in  1838  !  I  am 
glad  to  be  able  to  rescue  it  from  oblivion,  and  to  re- 
produce the  main  portions  for  the  delectation  of  the 
present  generation. 


CHAPTER    XI 

LABOUR    MOVEMENTS    IN    THE    FORTIES,    POLITICAL 
AND    INDUSTRIAL 

MORE  space  has  been  devoted  to  the  case  of  the 
Dorchester  labourers,  and  to  the  "  Inquiry  into 
the  Operation  of  the  6  Geo.  IV.,  c.  129,  and  the  Constitu- 
tion and  Proceedings  of  Trades'  Unions,"  in  1838,  than 
was  originally  intended.  Not,  however,  more  than  those 
important  subjects  deserve.  They  were  indeed  the  turning 
points  in  later  industrial  history.  'The  action  taken  gave 
a  stimulus  to  the  organisation  of  labour,  and  drew  labour 
unions  closer  together  with  the  view  of  mutual  support, 
either  when  attacked  by  the  Government  or  by  prosecu- 
tions, or  when  any  one  union  was  endeavouring  to 
advance  the  interests  of  its  members  by  increase  of  wages 
or  otherwise.  Trade  unions  had  obtained  certain  con- 
cessions under  the  Act  of  1825,  and  they  utilised  these  to 
the  utmost,  in  spite  of  numerous  risks,  known  and  un- 
known. Publicity  gave  them  strength — and  also  import- 
ance. They,  moreover,  found  some  staunch  supporters 
among  the  middle  and  wealthier  classes,  not  because  these 
concurred  in  all  the  methods  resorted  to,  or  even  in  all 
the  objects  aimed  at.  But  they  regarded  publicity  as 
preferable  to  secrecy,  and  liberty  of  action  to  tyrannical 
suppression.  There  was  also  a  wider  franchise  than 
existed  previously  to  1832,  and,  although  the  working 
classes  were  still,  for  the  most  part,  non-voters,  the 
appeals  at  the  hustings  gave  them  a  power  of  expression, 
if  only  by  cheering,  hooting,  and  holding  up  of  hands  ; 

87 


88  LABOUR   LEGISLATION 

these  things  influenced  politicians  when  they  appeared  as 
candidates,  to  solicit  the  suffrages  of  "  the  free  and 
independent  electors "  in  the  various  constituencies. 

1.  Working  Men's  Association  and  Chartism. — A  newer 
influence  had  arisen  among  the  working  classes  since  the 
agitation   over   the  Dorchester  labourers,  and  the  fuller 
development    of  trade   unionism     in    the    early  thirties. 
The  London  Working  Men's  Association  was  established 
in  June,  1836.     Its  objects  were  mainly  political,  and  it 
subsequently  gave  rise  to  the  Chartist  movement.     It  was 
the   Working   Men's  Association   which  formulated   the 
resolutions    which    formed    the  basis   of    and  ultimately 
drafted  "  the  Charter."     The  organiser  and  ruling  spirit 
for  some  time  in  that  movement  was  William  Lovett,  by 
occupation  a  cabinet-maker  and  a  trade  unionist.      When 
the  proposal  was  publicly  made  for  the  inquiry  relative  to 
trade  unions  in   1838,  he  was    elected    secretary  of   the 
"  Combination  Committee "   appointed  by  the  trades  of 
London,  its   object  being  to  secure   a  thorough   investi- 
gation   of   the  subject  by  the  Select  Committee.     In  a 
letter  to  the  Northern  Star,  on  the  eve  of  that  inquiry  in 
1838,  Mr.  Lovett  lays  bare  the  devices  of  those  who  took 
part  in  promoting  it,  and  indicates  the  object.     In  that 
letter  he  accuses  Daniel  O'Connell  of  being  the  cause  of 
extending  the  inquiry  to  Ireland,  especially  as  regards  the 
Dublin  trades.     He  avers  that  O'Connell  strove  to  keep 
back,  as  far  as  possible,  trade  union  evidence,  such  as  the 
"  Combination  Committee"  was  prepared  to  tender.     He 
speaks   of  Mr.   Hindley   and    Mr.    Wakley   as    the  two 
members  of  that  Committee  upon  whom  the  men  mainly 
relied  to  see  justice  done.1     They,  however,  fell  ill,  and 
were  not  always  present.     His  version  of  the  story,  told 
by    one    who    knew,  shows    how     narrowly    the    unions 
escaped    from    the    danger    to    which    they    were    then 
exposed. 

2.  Attitude  of  Chartism  towards  Labour. — The  Chartist 
movement    grew    rapidly.      From    small    beginnings,    on 

1   See    "William    Lovett,"   an   autobiography,   1876,   pp.    158    and 
'59- 


LABOUR   MOVEMENTS  IN  THE    FORTIES        89 

June  9,  1836,  when,  "at  a  meeting  of  a  few  friends  at 
14,  Tavistock  Street,  Covent  Garden,"  Mr.  W.  Lovett 
proposed  the  formation  of  the  Working  Men's  Associa- 
tion, it  soon  developed  into  an  agitation  which  spread 
throughout  Great  Britain,  and  became  at  once  the  hope 
of  the  masses  and  the  terror  of  the  governing  classes.  It 
does  not  come  within  the  scope  of  this  work  to  trace  the 
history  of  that  movement  or  to  discuss  either  its  prin- 
ciples, policy,  or  the  means  adopted  by  the  Chartist  body 
to  attain  its  ends.  It  was  a  political  organisation  for 
political  purposes,  but  it  sought,  by  means  of  "  the 
Charter/'  to  improve  generally  the  condition  of  the 
working  classes,  industrially  and  socially,  by  and  through 
their  enfranchisement  and  the  power  and  influence  of  a 
Parliament  elected  by  the  masses  of  the  people.  Naturally 
the  Chartists  sought  to  obtain  the  support  of  trade  unions, 
and  a  few  of  them  did  actually  ally  themselves  to  the 
Chartist  Association.  As  a  rule,  however,  they  kept  apart 
from  that  body,  as  unions.  But  as  individuals,  members 
of  various  unions,  were  also  Chartists,  hence  in  the  public 
mind  they  were  regarded  as  one  and  the  same.  This  arose 
from  two  circumstances — (i)  the  concurrent  movement 
for  the  extension  of  factory  legislation,  and  (2)  the 
proposals  of  the  Chartists  for  a  universal  strike. 

3.  Factory  Legislation  and  Chartism. — The  agitation 
for  an  extension  of  the  Factory  Acts,  which  developed 
into  the  demand  for  a  Ten  Hours'  Bill,  was  altogether 
independent  of  the  Chartist  movement.  The  originators 
and  chief  supporters  of  that  measure  had  little  sympathy 
with  Chartism.  Many  of  them  were  Tories,  some  were 
Whigs,  others  cared  little  for  politics.  The  Chartists 
generally  supported  the  demand  for  ten  hours  and  other 
improvements  in  factory  legislation,  but  they  contended 
that  a  Chartist  Parliament  would  give  what  was  required 
by  factory  operatives,  and  more.  The  divergence  was  so 
great  that  at  times  the  respective  supporters  of  factory 
legislation  and  of  Chartism  came  into  conflict — each 
fiercely  denounced  the  other.  But  in  both  movements 
there  were  to  be  found  men  who  fraternised,  believing 


90  LABOUR   LEGISLATION 

the  objects  to  be  good  and  that  there  was  no  need  of 
variance,  no  justification  for  recrimination  or  opposition. 
The  workers  cared  very  little  about  the  differences  of 
their  leaders — they  wanted  both  factory  legislation  and 
the  Charter.  Hence  in  the  great  Chartist  demonstrations 
in  all  the  chief  centres  of  industry,  especially  so  in  the 
textile  districts  of  Lancashire,  Yorkshire,  and  the  Mid- 
lands, the  operatives  assembled  in  tens  of  thousands  in 
support  of  both  movements. 

4.  Proposed  Universal  Strike. — The  proposal  for  a  uni- 
versal strike  came  from  the  more  ardent  section  of  the 
Chartist  advocates  as  the  quickest  and  surest  means  for 
obtaining    the    Charter.      William    Lovett    opposed    the 
scheme    from    the   first,  as    did    some  others.      But   the 
proposal  was  adopted,  and  in  some  of  the  manufacturing 
districts  the  workers  fell  in  with  the  idea  and  espoused 
the  cause.    In  what  cases  and  to  what  extent  the  governing 
bodies  of  the  unions — council,  executive,  and  officials — 
supported  the  suggested  universal  strike  there  is  no  means 
of  knowing,  as  the  minutes  of  the  societies  are  not  avail- 
able.    The  one  fact  certain  is  that  there  was  no  universal 
strike — not  even  a  general  strike  ;  some  great  but  partial 
strikes  took  place,  however,  with  disastrous  results.     The 
Unions,  as  a  rule,  in  their  corporate  capacity,  were  averse 
to  the  proposal,  and  refused  their  sanction. 

5.  Strikes   against  a    Foreman. — Strikes  were   not    so 
numerous  in  the  forties  as  in  some  other    decades,  but 
a  few  took  place  of  some  importance.     There  was  one  at 
the  new  Houses  of  Parliament  in    1841-2,  the  dispute 
being  as  to  the  conduct  of  a  foreman  of  masons.     The 
men  alleged  (i)  that  he  endeavoured  to  compel  them  to 
take  beer  from  a  particular  public-house,  supplied  by  a 
potman  daily  ;  (2)  that  when  the  men  refused  to  buy  the 
beer  the  foreman  locked  up  the  pump  so  that  they  should 
not  get  water  to  drink  ;  (3)  that  masons  were  compelled 
to  sharpen  their  tools  and  purchase  certain  tools  from  a 
particular  firm  ;  (4)  that  the  conduct  of  the  foreman  in 
question  was  coarse,  brutal,  profane,  and  grossly  tyran- 
nical.     The    contractors    admitted    that    there    was    "an 


LABOUR   MOVEMENTS   IN   THE   FORTIES        91 

understanding  between  them  and  the  brewers "  as  to 
the  supply  of  beer.  That  was  an  obvious  evasion  of 
the  Truck  Act.  The  contractors  made  concessions,  and 
for  about  six  weeks  matters  went  smoothly.  Then  the 
foreman  began  to  harrass  the  men  who  had  made  com- 
plaint, had  spoken  at  public  meetings  where  his  conduct 
was  condemned,  and  who  had  been  concerned  in  deputa- 
tions to  the  firm.  These  he  discharged ;  eventually  the  men 
struck  work  on  September  n,  1841.  The  strike  con- 
tinued till  May  25,  1842 — nine  months.  The  men  were 
unsuccessful  in  getting  rid  of  the  foreman,  but  the  strike 
delayed  the  completion  of  the  Houses  of  Parliament  for 
several  months,  and  also  of  the  Nelson  Column  in  Trafalgar 
Square.  There  was  no  case  of  intimidation  or  other 
breaches  of  the  law  during  the  strike.  The  total  cost 
of  the  strike  was  estimated  at  about  £15,000,  towards 
which  other  branches  of  the  building  trades  subscribed 
£3,500.  The  number  on  strike  was  about  four  hundred, 
"  only  five  of  whom  went  in,"  according  to  the  official 
report. 

6.  Strike  for  Shorter  Hours  on  Saturdays. — There  was 
another  strike  of  masons  at  the  new  Houses  of  Parliament, 
the  object  being  cessation  of  work  at  four  o'clock  on 
Saturdays.  This  was  supported  by  all  branches  of  the 
building  trades.  It  was  the  first  great  strike  recorded 
for  shortening  the  hours  of  labour.  By  custom  and 
otherwise  the  ten-hours'  day,  or  sixty  hours  per  week, 
was  regarded  as  a  kind  of  Heaven-ordained  law — that  is, 
in  trades  were  longer  hours  were  not  customary.  In  many 
industries,  however,  the  hours  were  much  longer,  in  some 
they  were  indefinite.  Leaving  work  at  four  o'clock  on 
Saturdays  only  meant  a  reduction  from  sixty  to  58  J  hours. 
The  demand  was  resisted,  but  the  men  were  eventually 
successful.  The  men  desired  to  secure  the  shorter  day 
for  all  branches.  Messrs.  Cubit,  Baker,  Peto,  and  others 
were  cited  by  the  leaders  as  being  favourable  to  the 
change  ;  the  men  therefore  pressed  other  building  firms 
to  grant  the  concession.  The  two  most  important  strikes 
took  place  at  the  Army  and  Navy  Club  House  in  Pall 


92  LABOUR   LEGISLATION 

Mall,  and  at  the  Coal  Exchange — both  by  the  same 
builder,  Mr.  Tregoe,  in  1848.  The  men  pleaded  that 
most  of  the  master  builders  had  by  this  time  conceded 
the  four  o'clock,  but  Mr.  Tregoe  refused  to  give  way, 
and  the  strike  continued. 

7.  Indictment  for  Conspiracy. — In  connection  with  that 
strike  twenty-one  masons  were  indicted    for   conspiracy. 
The    proceedings    lasted    for    months    owing    to    delays, 
postponements,  new  pleas,  and  what  not,  the  costs  being 
very  considerable.     The   employer    offered    to  withdraw 
from  the  prosecution   if  the   men  would   apologise  and 
give  up  their  demand  for  the  four  o'clock  on  Saturdays, 
but  the  men  refused.     At  last  the  prosecution  was  aban- 
doned   unconditionally,  for  the    men    refused   to  budge 
from  the  position  they  had  taken  up.     The  men  indicted 
demanded  trial,  and  this  apparently  the  employer  hesi- 
tated   to    face.     No   decision   of  the  court  is    therefore 
available  in  this  case. 

8.  Shorter  Hours  on  Saturdays   Conceded. — Other  than 
those  alluded  to,  the  strikes  for  the  four  o'clock  on  Satur- 
days were  unimportant.     Gradually  it  was  conceded  by 
employers  without  much  resistance.     Perhaps  the  earlier 
closing  on  that  day  was  as  agreeable  to  employers  and 
foremen  as  to  the  operatives.     But  it  took  some   years 
to  secure  it  generally  throughout  the  country.     In  some 
cases  employers,  not  of  the  better  sort,  rendered  the  boon 
valueless  by  withholding  the  wages  until  a  late  hour,  the 
payments    being    made    at    public-houses.      This    led    to 
drinking,  discontent,    and    quarrels,  which    in    some   in- 
stances continued  throughout  the  fifties,  for  bad  practices 
die  hard.     Respectable  employers  did  not  resort  to  this. 
The  system  was  confined  mainly  to  sub-contractors  and 
jerry- builders,  and  these  at  that  period  were  numerous  in 
a   great   many  districts.     The  principal  contractors  and 
master   builders   generally    paid    promptly   on    the    large 
jobs  or    at   their   counting-houses,  according  to  circum- 
stances. 

9.  Advances   in    Wages   in   the   Forties. — During    the 
forties    a   determined    effort   was    made    in    London    to 


LABOUR    MOVEMENTS   IN  THE   FORTIES        93 

ensure  for  mechanics  and  artisans  a  minimum  wage  of 
53.  per  day,  or  303.  per  week.  There  was  no  uniform 
rate,  but  from  4.3.  6d.  to  53.  per  day  was  regarded  as  the 
usual  rate  in  London  ;  of  course  wherever  possible  the 
lower  rates  were  tendered.  Strikes  to  enforce  the  mini- 
mum rate  of  55.  were  numerous,  but  not  of  importance. 
They  were,  as  a  rule,  local,  often  confined  to  one  firm  or 
job.  The  larger  firms  conceded  it  without  much  trouble, 
but  jerry-builders  held  out  as  long  as  they  could.  Man- 
chester and  Liverpool  usually  followed  in  the  wake  of 
London  as  regards  wages,  but  in  some  respects,  as,  for 
example,  "  walking  time "  and  codes  of  working  rules, 
they  were  ahead.  Other  important  towns  were  brought 
more  or  less  into  line  as  time  and  circumstances  per- 
mitted. 

10.  General  Union  in  the  Printing  'Trades. — In  1844 
there  was  some  activity  among  the  printing  trades,  which 
resulted  in  a  union  of  the  various  local  societies  in 
January,  1845.  The  new  body  thus  formed  was  called 
the  National  Typographical  Association.  It  consisted  of 
a  central  board,  or  managing  body,  with  five  district 
boards  :  (i)  Scotland,  eight  local  unions  or  branches, 
800  members  ;  (2)  Ireland,  eleven  branches,  569  mem- 
bers ;  (3)  Midland,  twenty-two  branches,  714  members  ; 

(4)  South-western,  twelve  branches,  237  members  ;  and 

(5)  South-eastern,  seven  branches,  2,000  members ;  total, 
4,320  members.    The  objects  of  the  Association  were  uni- 
formity of  trade  usages,  number  of  apprentices  and  boys 
in  proportion  to  journeymen,  and  generally  the  prices  to 
be  paid  for  labour.    Some  twenty-six  cases  of  dispute  were 
recorded  in  the  first  half-year  of  its  existence,  and  twenty- 
five  in  the  second  half.     A  strike  took  place  in  London 
against  a  reduction    in   the  price  per   1,000   for   certain 
work  ;  after  a  month's  struggle  the  employers  gave  way. 
In  Scotland  also  there  was  a  similar  attempt,  but  after  six 
weeks'  resistance  the  employer  in  the  case  yielded.     The 
income  for  the  year  was  £4,099    55.   2d.,  the  expendi- 
ture £2,111    us.   i  id.,  thus  leaving  a  good  balance  in 
hand. 


94  LABOUR   LEGISLATION 

1 1 .  Disputes  and  Dissolution  of  the  General  Union. — 
In  March,  1 846,  a  delegate  meeting  was  held  in  London, 
at  the  suggestion  of  the  London  Society,  to  consider  the 
question  of  apprentices  in  proportion  to  journeymen  and 
the  employment  of  boys.    Certain  regulations  were  agreed 
to  by  the  Conference.     There  were  136  disputes  in  1846, 
one  being  in  London,  with  respect  to  the  apprenticeship 
regulations.     In  December,  1846,  thirty-eight  employers 
in  Edinburgh  combined  to  break  up  the  Association,  and 
succeeded  in  so  far  as  Edinburgh  was  concerned.     Other 
circumstances  arose  which  led  to  the  dissolution  of  the 
Association    in    1847.      In   June,    1849,  tne   Provincial 
Typographical  Association  was  formed — London,  Man- 
chester, and    Birmingham    having    each  an    independent 
union. 

12.  Federation  of  Trades. — In    1845  was    formed  the 
"  National  Association  of  United  Trades/*     "  The  Grand 
National    Consolidated    Trades'    Union "    of    1834    had 
passed  away.     The  new  Association  was  a  federation  as 
a  matter  of  fact,  and  was  not  intended  to  supplant  local 
or   general     unions,    or    interfere    with     their     internal 
management  or  policy.     This  is  specifically  stated  in  the 
preface  to  the  Rules.     Its  object  was  "  to  form  a  common 
centre  .  .  .  for   mutual   assistance   and    support  in    case 
of    need."     The    constitution    provided    for    affiliation, 
representation,  payments,  annual  conferences,  and  special 
sessions,    as    may    be    required.     It   started    the    Labour 
League    as    it    organ,    the    first    number    appearing    on 
August    5,     1848.     It    existed    nearly  a    year.     In    its 
columns    are    to    be    found  reports  of  trade  and  labour 
movements  in   1848   and    1849,   including   the   masons' 
strike,  and  the  prosecution  for  conspiracy  ;  the  strike  of 
mechanics  and  others  on  the  London  and  North  Western 
Railway  ;  the  prosecution  of  Sheffield  workmen,  and  their 
sentence  to  transportation  ;  the  rise  of  the  movement  in 
the     engineering    trades    as    to    overtime,    &c.,    which 
ultimately  led   to    the    formation    of  the   Amalgamated 
Society  of  Engineers.     Here  also  will  be  found  reports 
respecting  the  agitation  by  the  factory  operatives  for  the 


LABOUR   MOVEMENTS   IN   THE   FORTIES        95 

Ten  Hours'  Bill  ;  the  attitude  of  trade  unionists  and 
Chartists  towards  the  Free  Trade  movement,  and  many 
articles  of  valuei  on  the  subjects  of  the  day.  The 
"  National  Association  of  United  Trades  "  continued  to 
exist  until  1867,  but  in  its  later  years  it  devoted  itself 
mainly  to  the  promotion  of  a  measure  for  Conciliation 
in  labour  disputes,  first  promoted  by  Mr.  Mackinnon, 
and  afterwards  carried  by  Lord  St.  Leonards,  as  the  "  Con- 
ciliation Act,  I867."1  Mr.  Thomas  Winter  was  the 
secretary  of  that  Association. 

13.  A  Question  of  Rattening  and  Conspiracy. — A  case  of 
very  considerable  interest  is  reported  in  the  Labour 
League  at  some  length,  at  intervals  over  several  months— 
namely,  that  of  Drury  and  Others  v.  the  Queen.  John 
Drury  and  three  others  were  prosecuted  for  alleged 
rattening  and  conspiracy,  and  were  sentenced  to  seven 
years'  transportation.  The  trades  took  the  matter  up,  as 
the  prosecution  was  at  the  instance  of  the  "  Association 
of  Sheffield  Masters."  The  men  were  convicted  upon 
the  evidence  of  two  convicts,  who  had  really  committed 
the  offences  charged  against  those  named,  but  who,  it  was 
alleged,  had  been  promised  a  remission  of  the  sentence  if 
they  would  give  evidence  against  Drury  and  his  fellow- 
workmen.  They  did  give  evidence,  and  soon  afterwards 
their  sentence  was  reduced  very  considerably.  After  much 
delay,  and  a  long  imprisonment,  the  case  was  re-tried,  on 
a  writ  of  error,  before  Lord  Chief  Justice  Denman,  Mr. 
Justice  Patteson,  Mr.  Justice  Coleridge,  and  Mr.  Justice 
Wightman,  when  the  judgment  was  reversed,  and  the 
prisoners  were  ordered  to  be  discharged.  Then  a  new 
indictment  was  preferred  against  them,  and  they  were  still 
longer  detained  in  gaol,  but  the  case  broke  down  and  a 
verdict  of  not  guilty  was  returned.  They,  however,  had 
no  remedy.  They  had  only  the  consciousness  of  innocence 
to  sustain  them  in  their  trial,  and  the  sympathy  and 
support  of  their  fellow-workmen  in  the  country.  The 
prosecution,  conviction,  and  sentence  evoked  a  good 
deal  of  feeling,  and  some  severe  criticisms  were  passed 
1  See  Chap.  XL.  par.  9  ;  also  Chap.  XVII.  pars.  18  and  19. 


96  LABOUR   LEGISLATION 

upon  the  Sheffield  masters,  and  even  more  severe  condem- 
nation of  the  witnesses  upon  whose  evidence  the  men  had 
been  convicted.  It  was  another  attempt  to  stamp  out 
unionism  by  the  long  and  strong  arm  of  the  law. 


CHAPTER  XII 

LABOUR      MOVEMENTS PROGRESS      IN     THE     FIFTIES 1. 

The  Engineers  and  Cotton  Operatives. 

CONSIDERING  all  the  difficulties  of  the  situation, 
^_s  the  working  classes  made  great  progress  in  the 
organisation  of  labour  during  the  first  twenty-five  years 
after  the  repeal  of  the  Combination  Laws.  Their  action 
was  restricted  by  legal  enactment,  and  it  was  not  without 
serious  risk  that  they  attempted  to  build  up  associations 
in  the  furtherance  of  their  views  for  their  mutual  benefit. 
As  we  have  seen,  trades  unions  were,  in  a  sense,  lawful  ; 
but  the  means  by  which  they  sought  to  accomplish  what 
was  desired,  were  declared  to  be,  in  most  instances, 
unlawful.  Hence  great  prudence  and  watchfulness  were 
required  ;  it  also  needed  a  certain  amount  of  daring  on 
the  part  of  leaders  and  men.  The  Corresponding 
Societies  Act,  1798—9  (the  39  Geo.  III.,  c.  79)  was  still 
in  force — it  is  not  even  now  wholly  repealed  ;  some  of 
its  most  objectionable  sections  still  remain.  Friendly 
societies  were  only  exempted  from  its  provisions  in  1846. 
In  spite  of  that  Act,  however,  the  workmen  dared  to 
disregard  its  provisions  and  risk  its  penalties.  "  The 
Grand  National  Consolidated  Trades'  Union,"  of 
1833—5,  and  the  "National  Association  of  United 
Trades,"  of  1845—67,  were  unlawful  under  that  Act. 
So  also  were  the  two  typographical  associations  referred 
to  in  the  last  chapter.  There  were  many  trade  unions 
with  branches,  or  lodges,  which  could  perhaps  have  been 

8  97 


98  LABOUR   LEGISLATION 

suppressed  if  the  Act  had  been  rigidly  enforced. 
Happily  it  was  not.1  Most  of  the  unions  were  local, 
confined  to  the  particular  trade  or  branch  of  trade 
represented.  They  were  indeed  in  many  cases  merely 
sectional.  The  tendency  of  late  years,  for  half  a  century 
now,  has  been  to  amalgamate  or  federate  in  order  to 
concentrate  their  power  ;  whereas  formerly,  under  stress 
of  law,  the  policy  was  isolation  ;  their  forces  were  weak, 
because  diffused. 

i.  Formation  of  Amalgamated  Society  of  Engineers. — In 
1848  the  "mechanics,"  as  they  were  called,  conceived  that 
it  was  desirable  to  put  a  limit  upon  "  systematic  over- 
time," a  practice  then  general,  but  without  extra  pay 
beyond  the  normal  rate.  Several  meetings  were  held  in 
London,  and  in  1 849  the  agitation  had  extended  greatly, 
both  in  the  metropolis  and  in  the  provinces.  The 
proposal  was  that  all  sections  in  the  engineering  industry 
should  co-operate  with  the  view  of  attaining  their  desire. 
In  1850  there  was  a  further  development,  the  idea  being 
that  all  sections — smiths,  turners,  fitters,  pattern-makers, 
millwrights,  &c. — should  combine  and  form  an  amal- 
gamated union.  After  much  agitation,  many  meetings 
throughout  the  country,  and  a  good  deal  of  local 
negotiation,  a  large  number  of  the  unions  consented, 
and  thus  was  established  the  "  Amalgamated  Society  of 
Engineers."  The  new  society  was  an  advance  upon  most 
other  unions  at  that  date  ;  it  provided  a  number  of 
provident  benefits  —  sick,  superannuation,  accident, 
funeral,  and  donation,  as  well  as  strike  pay.  Donation, 
or  out-of-work  benefit,  was  not  wholly  new,  for  the 
Typographical  Association  provided  it  in  certain  cases, 
and  a  few  other  unions.  The  Engineers  consolidated 
benefits  as  well  as  amalgamated  local  societies.  The 
union  became,  what  it  still  is,  the  best  benefit  society  in 
the  world,  by  reason  of  its  many  provident  benefits,  quite 
apart  from  its  power  and  influence  as  a  trade  union,  in 
matters  relating  to  labour.  The  Amalgamated  Society  of 

1  By  the  Act  of  1846,  the  9  and  10  Viet.,  c.  33,  proceedings  could 
only  be  taken  in  the  name  of  the  Law  Officers  of  the  Crown. 


PROGRESS   IN   THE   FIFTIES  99 

Engineers  became  a  model  union,  an  example  to  be 
imitated.  Since  that  date  a  number  of  great  unions  have 
been  constituted  on  similar  lines.  The  two  chief  pioneers 
in  that  movement  were  William  Newton  and  William 
Allan,  the  latter  being  the  General  Secretary  for  many 
years  ;  both  were  splendid  specimens  of  labour  leaders 
— honest,  upright,  fearless,  but  always  prudent  in  speech 
and  action. 

2.  The    Engineers    Strike   and   Lock-out,    1852. — The 
Amalgamated  Society  of  Engineers  publicly  proclaimed 
itself  as  a  society  with  branches.     In  the  first  year,  1851, 
it  had  121  branches,  with  an  aggregate  of  11,829  mem- 
bers.    Its  income  was  £22,807  8s.  8d.  ;  its  expenditure 
£13,325  ;  balance  in  hand  £21,705  55.     But  the  struggle 
for  the  abolition  of  <c  systematic  overtime  "  began  before 
the  society  had  time  to  effectively  organise  its  strength. 
The   men   were   beaten  ;.  the  employers  insisted   upon  a 
"  character  note  "  and  repudiation  of  the  union.     In  the 
two  latter  matters  the  men  were  able  eventually  to  score  a 
success.     The    union    survived    and   flourished,   and    has 
continued  to  flourish  to  the  present  time.     In  the  first 
six    months     of     1852     the    Engineers'    Society    spent 
£63,553  I5S-  ^d.,  reducing  its  balance  to  £1,721  os.  id., 
yet  only  losing  212  members  ;  but  there  was  a  further 
decline  of  1,880  in  the  second  half  of  that  year.     By  the 
end  of  1854  the  numbers  were   11,617,  tne  same  as  in 
June,  1852.     The  story  of  that  strike  has  been  so  well 
and  fully  told  elsewhere  that  there  is  no  need  to  retell  it 
in  these  pages. 

3.  The  Preston  Strike,  1853. — Before  the  echoes  of  the 
engineers'  strike  and  lock-out  had  died  away,  Lancashire 
was  in  the  throes  of  a  struggle  by  the  Preston  strike,  in 
1853.     There  had  been  no  strike  of  consequence  in  the 
town  since  1836.     At  that  date  660  spinners  struck  for 
an  advance  in  wages,  thereby  throwing  idle  some  8,000 
weavers   and  others.     The   strike   lasted  thirteen  weeks, 
when  the  operatives  accepted  the  employers'  terms.     The 
union  continued  to  exist,  and  also  the  Employers'  Asso- 
ciation, the  latter  taking  cognisance  of  wages  and  other 


ioo  LABOUR    LEGISLATION 


disputes  up  to  1846,  after  which  it  was  inactive,  though 
never  formally  dissolved.  In  1847,  a  year  of  great 
distress,  the  wages  of  the  operatives  were  reduced  10  per 
cent.,  without  resistance. 

4.  Wages  Movement  in  the    Cotton  Trades. — In  April, 
1853,  trade  having  revived,  the  spinners  and  self-acting 
minders  sent  a  requisition  to  the  employers  asking  that 
the   10  per  cent,   should   be  restored.     Some  employers 
granted    the    advance    promptly    and    willingly,    others 
partially,    some    refused,    or    took  no  notice   of  the   re- 
quisition.    A  few  isolated   strikes  took  place,  but  these 
were  speedily  arranged.     By  the  end  of  May  an  organised 
agitation  was  set  on  foot  for  the  "  unconditional  "  advance 
of  10  per  cent.,  as  some  employers  made  it  a  condition 
that  the  operatives  should  not  subscribe  to  a  trade  union. 
The  movement  had  by  this  time  extended  to  most  other 
districts — Blackburn,    Bolton,    Stockport,    with     Preston 
being  the  chief  centres.     On  June  £th  a  delegate  meeting 
was  held  at  Bolton,  followed  by  a  meeting  at  Preston  on 
the  9th,  when  a  circular  to  the  employers  was  adopted. 
At  this  time  7,000  operatives  were  on  strike  at  Stockport 
for  the   10  per  cent.,   but    they  offered    to   submit   the 
question  to  arbitration,  or  take  an  average  of  the  wages 
given  within  a  radius  of  ten  miles  around   Manchester. 
The  employers  refused  the  last,  but  offered  to  take  an 
average    of    the   entire   trade.     In    the    latter    case    the 
advance  would  have  been  less  than    10  per  cent.,   as  in 
some  districts  wages  were  lower  than  in  the  Manchester 
district.     In   August  the  Stockport  employers  conceded 
the  advance,  rather  than  see  their  mills  idle  any  longer. 
At    Blackburn,   also,   terms    had    been   arranged  for   the 
most   part,  and  it  was  thought  that  the  dispute  would 
cease  by  a  general  concession  all  round. 

5.  Issues  Narrowed  to  Preston. — The  success  elsewhere 
narrowed    the    issues    to    Preston.     On    August    I4th   a 
meeting   of  delegates  resolved   to  make   that    town    the 
battle-ground,    and    to    concentrate   their    energies    and 
means  upon   it.     The   Preston   operatives,   at  a  meeting 
held  on  the  22nd,  agreed  with  the  decision  of  the  dele- 


,~u 


PROGRESS   IN   THE   FIFTIES  101 

gates,  and  committees  were  formed  to  conduct  the  strike. 
According  to  the  Preston  Guardian,  August  27,  1853,  at 
all  the  mills  in  Preston  and  its  neighbourhood,  except  five, 
the  spinners  were  working  at  the  advanced  rate.  Notices 
were  then  served  upon  the  five  mills  ;  one  firm  in  the 
course  of  a  week  conceded  the  advance,  leaving  only  four 
to  be  dealt  with.  The  strike  was  precipitated  by  an 
unfortunate  misunderstanding  with  one  firm,  whose  con- 
cession of  the  advance  had  been  notified.  When  the 
prices  were  worked  out  there  was  a  difference  of  over 
2  per  cent,  in  the  amount  in  one  case  and  of  over  i  per 
cent,  in  the  other.  Want  of  faith  was  urged  on  the  one 
side,  and  of  a  mistake  on  the  other,  but  the  weavers, 
among  whom  were  380  women,  turned  out,  no  satis- 
factory reasons  being  given  on  either  side.  The  employers 
alleged  that  they  were  driven  into  combination  by  reason 
of  the  attitude  of  the  delegates  of  the  operatives  ;  but  it 
was  proven  that  the  Masters*  Association,  which  had  been 
dormant  since  1846,  was  formally  revived,  extended,  and 
organised  on  a  new  basis  in  March,  1853,  whereas  the 
Operatives'  Committee  for  supporting  the  Stockport 
operatives  was  only  formed  in  Preston  on  June  i6th, 
and  the  Preston  Committee  for  obtaining  the  10  per  cent, 
was  only  organised  on  August  29th.  These  dates  demolish 
the  employers'  plea  ;  but  it  may  be  urged  that  the  masters 
foresaw  what  was  coming,  and  acted  accordingly.  The 
employers  issued  an  address  on  September  I5th,  signed  by 
thirty-seven  associated  firms,  including  those  with  whom 
the  dispute  was  pending,  as  well  as  others  by  whom  the 
advance  was  said  to  have  been  given.  The  resolutions  of 
the  employers,  dated  March  i8th  and  3ist  respectively, 
are  important  on  this  point. 

6.  The  Preston  Lock-out. — The  employers'  manifesto  of 
September  I5th  announced  a  lock-out  of  all  the  opera- 
tives until  those  on  strike  resumed  work.  The  members 
of  the  Employers'  Association  entered  into  a  bond  of 
£5,000  to  keep  faith  by  each  other,  and  to  stand  by  the 
resolutions  agreed  upon.  It  has  been  suggested  that  this 
bond  violated  6  Geo.  IV.,  c.  129,  and  also,  being  in 


102  LABOUR   LEGISLATION 

restraint  of  trade,  was  an  offence  at  Common  Law.  One 
master  who  attempted  to  evade  the  bond  was  threatened 
with  the  penalty,  but  the  case  never  came  into  court.  At 
the  date  of  the  lock-out  the  weavers  were  on  strike  at 
four  mills,  and  at  four  others  the  spinners'  notices  were 
within  one  week  of  expiring. 

7.  Prosecutions  for   Intimidation. — Upon   the  lock-out 
notice    appearing     a    great    meeting     was    held     in    the 
"  Orchard."     The    operatives    intended    to    make    it    a 
demonstration,  with  bands  and  banners,  but  the   magis- 
trates forbade  any  such  display,  and  the  operatives  sub- 
mitted to  their  authority  without  resistance.     During  the 
first  week  some  lads  were  prosecuted  for  intimidation  and 
sentenced  to  imprisonment.     The  decision  of  the  magis- 
trates was  appealed  against,  whereupon  the  prosecutions 
were    abandoned.     The    magistrates   then    prohibited    all 
open-air  meetings  after  sunset.     In  this  they  were  within 
their    rights    under    old    enactments,    but    the    operatives 
regarded  the  action  as  an  uncalled-for  interference. 

8.  Attempts  to  Settle  the  Dispute  by  Arbitration. — Efforts 
were  now  made  to  avert  a  continuance  of  the  struggle. 
The  Cotton  Spinners'  Committee  proposed  a  conference 
with  the   Employers'   Committee,   but   the   reply   of  the 
latter  was  that  they  did  not  recognise  the  Spinners'  Com- 
mittee nor  their  right  to  interfere  in  the  dispute.     Subse- 
quently   the    Weavers'    Committee    proposed    that    "  a 
deputation    of  employers   should    meet   a  deputation   of 
workpeople  for  the  purpose  of  discussing  and  arranging 
differences,"   or,    if  that  were    objectionable  to  the    em- 
ployers,  "  that   the    matter  should  be    referred    to    arbi- 
tration,   each    party    to    appoint    an    equal    number    of 
experienced  men  unconnected  with   the   strike,  and  that 
R.   J.   Parker,  Esq.,   M.P.,  should  be  the  umpire."     If 
none  of  these  proposals  were  acceptable   the  committee 
respectfully  requested  the  employers  to  make  a  proposal. 
The  employers  utterly  refused  to  acknowledge  even  the 
existence  of  such  committees  in  connection  with  the  dis- 
pute.    Those  who  so  acted    did  not   seem  to  have  the 
least  idea  of  what  was  obvious,  namely,  that  the  operatives 


PROGRESS   IN   THE    FIFTIES  103 

had  just  as  much  right  to  collective  action  as  employers, 
legally  and  morally.  The  Preston  people  not  directly 
concerned  in  the  conflict  became  alarmed  for  the  pros- 
perity of  the  town,  and  urged  conciliation.  The  clergy 
then  tried  to  bring  about  mediation,  and  failed.  "  The 
clergy,  gentry,  and  tradespeople  "  held  a  conference  with 
the  same  view,  but  this  effort  also  failed.  "  Employers," 
it  was  said,  "  would  not  hear  of  any  terms  short  of  the 
abandonment  of  the  union."  The  union  leaders  appear 
to  have  dreaded  the  fearful  responsibility  of  a  lock-out, 
and  were  anxious  for  some  compromise,  but  all  their  pro- 
posed concessions  were  in  vain.  On  October  I5th  most 
of  the  lock-out  notices  expired,  and  within  a  week  all  the 
workpeople  in  forty-five  firms  were  out,  two  others  being 
under  notice.  "  In  all  Preston  only  fifteen  firms  acted 
independently "  of  the  Employers'  Association.  These 
firms  continued  at  work,  giving  employment  to  about 
3,000  persons.  The  number  locked  out  was  variously 
estimated  at  from  18,000  or  20,000  to  30,000  work- 
people. 

9.  Extension    of    the    Dispute. — Though    Preston   had 
become   the  chief  centre  of  the  labour  struggle   for  the 
return  of  the    10  per   cent,  reduction   exacted   in   1847, 
other  towns  participated  in  it.     At  Accrington,  Burnley, 
and    Bury,    those    employed    in    the    fustian    trade,    as 
well  as  the  cotton  operatives,  were  out  ;  also  in  Bacup, 
Padiham,  New  church,  Rawtenstall,  and  numbers  in  Man- 
chester, including  the  dyers  ;  large  numbers  were  unem- 
ployed by  reason  of  strikes,  the    Preston    lock-out,  and 
other    causes.     It    was    estimated    that    at    least    65,000 
persons  were  idle,  besides  some  6,000  other  factory  opera- 
tives and  about  5,000  colliers  who  were  on  strike. 

10.  'The    Employers"    Ultimatum. — On    November   4th 
the  employers  held  their   first   meeting  after  closing  the 
mills,  and  passed  two  resolutions,  the  first  on  the  subject 
of  the    dispute,   the    other    adjourning    the    meeting    till 
December  ist.     The  purport  of  the  resolutions  was  that, 
if  circumstances  warranted,  the  mills  should  be  reopened 
on  the  basis  of  wages  prior  to  March   ist  ;  the  other  was 


io4  LABOUR   LEGISLATION 

that  the  men  should  emancipate  themselves  from  the 
union.  Those  resolutions  were  replied  to  by  the  opera- 
tives' leaders,  and  were  severely  criticised  in  the  Press  ; 
the  Times,  whose  special  correspondent  was  investigating 
the  matter,  was  severely  condemnatory  of  the  conduct  of 
the  masters.  The  operatives  again  sought  a  pacific  ter- 
mination of  the  struggle  by  memorialising  the  Mayor, 
who  refused  to  interfere,  and  then  the  Home  Secretary, 
who  declined  to  offer  any  opinion,  but  advised  the  opera- 
tives "to  endeavour,  if  possible,  to  come  to  some 
arrangement  with  their  employers."  He  did  not  advise 
the  employers  to  come  to  some  arrangement  with  the 
operatives — those  were  really  the  parties  to  be  advised 
at  that  juncture. 

11.  Repressive   Measures. — On   November    i6th  there 
was  a  slight  disturbance  at  Blackburn,  caused  by  a  rumour 
that  the  Preston  employers  intended  to  induce  the  Black- 
burn employers  to  cp-operate.     The  latter  paid  the  advance 
of  10  per  cent,  claimed,  and  the  operatives  contributed 
liberally  to  those  locked  out  at  Preston.     Some  windows 
were  broken  at  the  Bull  Hotel,  and  some  blows  were  given, 
but  there  were  no  injuries  beyond  a  few  bruises.     The 
Preston    manufacturers    then    memorialised    the     Home 
Secretary  for  troops  to  prevent   disorder.     On  the   2ist 
the  police  authorities  prohibited  the  lock-out  operatives 
from   selling   songs  in   the   streets,   threatening   penalties 
under    the    vagrancy    laws,    which    were    at    that    time 
severe. 

12.  Attitude  of  Employers  and  Operatives  Respectively. — 
On  December  ist  the  employers  again  met,  and  resolved 
not  to  budge  from  their  resolutions  of  November  4th,  but 
notified  their  willingness  to  receive  individual  applications 
for   work    and    to    reopen    the    mills   when    a   sufficient 
number    of  operatives   had    applied.       Only    about    two 
hundred  persons  applied  during  the  first  week,  but  the 
unions  had  to  extend  relief  in  order  to  prevent  others 
from  applying.     On  December  29th  so  few  had  responded 
that  the  masters  again  adjourned  until  January  26,  1854. 
Then  the  employers  issued  a  lengthy  statement,  giving 


PROGRESS   IN  THE   FIFTIES  105 

their  version  of  the  state  of  affairs.  This  was  replied  to 
by  the  operatives.  Needless  to  say  that  the  two  documents 
flatly  contradicted  each  other  on  matters  of  fact.  Both 
were  erroneous  in  some  particulars. 

13.  'Trade  Union  Tactics  of  Employers. — The  employers 
throughout  Lancashire  had  by  this  time  made  common 
cause,  and  agreed  to  support  the  Preston  masters  by  a 
weekly  contribution  of  5  per  cent,  upon  the  total  wages 
paid  by  each  firm,  the  first  instalment  being  paid  on  the 
first  Saturday  in  January,    1854,  and    so    on,   week    by 
week,  until  the  dispute  ended. 

14.  Society    of  Arts    Try  to   Effect  a   Settlement. — The 
Society  of  Arts  then  tried  to  bring  about  a  settlement. 
A  statement  was  issued,  and  a  conference  was  held  on 
January  3Oth,  but  the  employers  held  aloof.     One  was 
present  as  a  listener,  but  refused  to  take  part  in  the  pro- 
ceedings.    A  delegate  from,  the  operatives  made  a  state- 
ment, but  the  conference  ended  without  result,  except  a 
vote  of  thanks  to  the  chairman. 

15.  Partial  End  of  the  Preston  Strike  and  Lock-out. — 
The  stubborn  fight  continued  until  February  8th,  when  it 
was  notified  that  the  masters  would  reopen  the  mills  on 
the  terms  of  November  4th,  and  in  about  a  week  some 
1,500  had  accepted  employment.     The  action  of  the  Poor 
Law  Guardians  facilitated  this  by  refusing  relief  to  all 
able-bodied  persons.     Placards  were  circulated  and  posted 
widely   in    England,    Scotland,    and    Ireland    for    factory 
workers  of  both  sexes,  and  the  agents  employed  secured 
a  number  of  hands.     The  importation  of  an  alien  body, 
mostly  described  as  paupers,  was  protested  against  by  the 
townspeople,  and  some  disturbance  took  place  on  their 
arrival  ;    the    Riot   Act  was  thereupon   read,  all   public 
meetings  within  the  borough  being  prohibited.     Under 
all    the    trying    circumstances    the    operatives    and    their 
leaders  behaved  on  the  whole   orderly  throughout. 

1 6.  The  Town  Clerk's  Conduct. — I  have  now  to  relate  a 
sad  and  distressing  story.     The  Town  Clerk  of  Preston 
was  the  professional  adviser  of  the  Masters*  Association. 
From  the  1 8th  to  the  2Oth  of  March  he  was  closeted  daily 


io6  LABOUR   LEGISLATION 

with  the  Mayor  and  magistrates,  and  it  was  soon  rumoured 
that  warrants  had  been  issued  for  the  arrest  of  the  leaders. 
Ten  were  included  in  those  warrants,  and  early  on  the 
2Oth  five  were  arrested,  on  the  2ist  two  others  surrendered, 
and  then,  later  in  the  day,  the  three  others.  Those  who 
really  kept  the  peace  of  the  town  in  those  days  were  the 
operatives'  committees,  who  counselled  patience  and,  above 
all,  order  on  the  part  of  the  people. 

17.  Trial  Postponed,  Prosecution  Abandoned. — It  seems 
almost  incredible  that  the  Town  Clerk  should  have  had 
the  indecency  to  act  as  adviser  to  the  Masters'  Associa- 
tion at  such  a  juncture,  and  to  have  practically  taken  part 
in  initiating  the  prosecution  of  the  labour  leaders  as 
adviser  of  the  bench  of  magistrates.  The  examination 
lasted  three  days,  the  men  being  fully  committed  for  trial 
at  the  Liverpool  Assizes,  then  sitting.  The  proceedings 
were  hurried,  so  as  to  bring  the  case  before  the  jury  on 
Monday,  March  28th,  only  eight  days  after  the  men's 
arrest.  On  their  arrival  at  Liverpool  the  working  people 
received  them  with  enthusiasm.  Counsel  for  the  prosecu- 
tion strenuously  urged  their  instant  trial.  The  defendants' 
counsel  pleaded  for  postponement  till  the  autumn  assizes. 
To  this  the  judge — Mr.  Justice  Cresswell — consented,  on 
the  ground  that  the  public  would  regard  the  trial  as  unfair 
if  then  proceeded  with.  Had  the  trial  taken  place  at  that 
time  doubtless  the  prisoners  would  have  been  convicted,  and 
probably  sentenced  to  long  terms  of  imprisonment,  in  the 
then  state  of  public  feeling  as  regards  the  strike,  especially 
as  the  jury  would  have  been  of  the  employing  class.  By 
postponement  the  employers  had  abandoned  the  prosecu- 
tion when  the  time  had  arrived  for  trial,  the  strike  and 
lock-out  being  over.  The  case  was  so  gross  that  the  Town 
Clerk  and  the  Employers'  Committee  ought  to  have  been 
indicted  for  conspiracy.  It  was  a  clear  case  of  intimida- 
tion, the  law  being  invoked  to  silence  the  leaders  and  get 
them  out  of  the  way.  As  it  was,  the  men  suffered 
imprisonment,  anxiety,  and  worry,  and  it  caused  the  unions 
great  expense.  The  action  of  the  employers,  however, 
revived  the  waning  enthusiasm  of  the  masses,  and  money 


PROGRESS   IN   THE   FIFTIES  107 

again   poured   into  the   coffers    of  the    operatives'   com- 
mittees. 

1 8.  The  Struggle  Continued. — The  events  recorded  did 
not  tend  towards  conciliation  or  favour  a  settlement  by 
compromise    or    otherwise.     The    employers    decided    to 
adjourn  meetings  for  three  months  ;  the  operatives  replied 
by  adjourning  for  six  months.     Pique  and  passion  over- 
mastered prudence  on  both  sides.     All  efforts  at  mediation 
had  failed.     Might  was  pitted  against  might.     It  was  a 
trial  of  strength  on  either  side  ;  but  the  operatives  tried 
their  best  to  bring  about  a  settlement,  while  the  employers 
did  not.     Unconditional  surrender  was  the  motto  of  the 
masters  in  that  memorable  contest. 

1 9.  Submission  of  the  Operatives. — The  end  was  hastened 
in  an  unexpected  way.     The  Stockport  employers  resolved 
to  take  off  the  10  per  cent,  which  they  had  conceded,  and 
revert  to  the  old  rates — 1847-53.     The  Stockport  opera- 
tives struck.     Funds  to  the  Preston  committees  fell  off, 
the  weavers  had  to  borrow  £500.      Then  the    throstle- 
spinners  gave  in,  after   thirty-one    weeks'  struggle.      A 
dispute  as  to  funds  with  the  card-room  hands  hastened 
their  submission.     The  weavers  then  decided  to  surrender. 
The  spinners  tried  to  continue  the  struggle,  but  an  impor- 
tation of  men  from  Glasgow  caused  them  also  to  give  way. 
Thus  ended  the  Preston  strike  and  lock-out  after  a  stern 
contest  of  seven  months. 

20.  Cost    of   the    Preston    Strike   and   Lock-out. — The 
total     contributions     to     the     several     committees     was 
£105,165     I2s.    9d.     This    amount    was    disbursed    by 
the  eight  committees    representing    the  branches  of  the 
cotton  industry  involved,  thus  :  Weavers,  £67,751    193.; 
Spinners,  £19,839   8s.    id.  ;  Card-room  Hands,  £9,904 
i6s.  ;  Throstle-spinners,  £2,476   155.  9d.  ;    Power-loom 
Overlookers,    £2,079    I2s.    £d. ;    Mill    Warpers,    £170 
6s.  5d.  ;  Machine  sizers,  £854  8s.  4d.  ;    Cloth-workers, 
&c.,  £192  45.  ;  Amalgamated  Committee,  £1,896  2s.  4d. 
London  subscriptions  were  mostly  sent  through  a  Trades' 
Committee,  sitting  at  the  Bell  Inn,  Old  Bailey,  but  some 
sums  were  sent  direct  to  Preston. 


CHAPTER  XIII 

LABOUR    MOVEMENTS   AND    STRIKES   IN  THE   FIFTIES. II. 

Boot  and  Shoemakers  and  Colliers. 

THE  space  occupied  by  the  story  of  the  Preston 
strike  and  lock-out  has  far  exceeded  what  was 
originally  intended.  The  pleas  in  justification  are  : 
(i)  The  extensive  area  covered — nearly  the  whole  of  the 
cotton  districts  of  Lancashire ;  (2)  the  vast  numbers 
affected,  directly  and  indirectly  ;  (3)  the  issues  involved 
— nothing  less  than  the  right  to  combine,  in  the  first 
place — a  right  which  the  employers  exercised  to  the  fullest 
extent,  yet  denied  to  the  operatives.  It  was  a  great  and 
wealthy  combination  of  capital  against  labour,  the  rich 
and  the  poor  in  deadly  conflict,  the  one  for  undisputed 
authority,  the  other  for  the  means  of  existence.  When 
the  masters  saw  that  even  privation  could  not  succeed, 
they  thought  that  starvation  would  :  hence  the  Poor  Law 
Guardians  were  restrained  from  giving  relief.  Then 
followed  the  prosecution  of  the  leaders,  which  was  aban- 
doned in  the  end.  The  law  was  invoked  to  suppress 
public  meetings  and  to  prevent  the  selling  of  songs  and 
other  literature  in  the  streets.  The  operatives  had  not 
only  to  contend  against  the  powerful  influence  of  the 
masters,  individually  and  in  combination,  but  also  against 
the  local  authority,  advised  by  a  Town  Clerk  in  the  pay 
of  the  masters  as  their  professional  adviser.  It  needs  no 
clairvoyant  sense  to  perceive  how  easy  it  was  for  the  Town 
Clerk  to  influence  the  mind  of  the  Home  Secretary  as  to 


108 


STRIKES    IN   THE   FIFTIES  109 

the  necessity  for  a  military  force,  for  the  increase  of  the 
constabulary,  for  the  suppression  of  public  meetings,  and 
for  reading  the  Riot  Act  on  occasion,  if  deemed  desirable. 

1.  Strike  of  Boot  and  Shoemakers,  1857-59. — This  was 
a  strike   against  the    introduction    of  machinery  in   the 
manufacture  of  boots  and  shoes.      Various  efforts   had 
been  made  to  utilise  the  sewing-machine  for  "  closing " 
the  "uppers"  in   this  branch  of  trade,  and  in    1857  a 
machine  for  that  purpose  was  introduced  and  worked. 
The  craftsmen  of  London,  where  the  best  work  was  done, 
and  in  some  towns  in  the  North,  offered  no  serious  re- 
sistance   to    the    machine,    although    the   "  closing "    and 
"  binding  "  branches  felt  alarm  at  the  appearance  of  the 
little    stranger    as    a    competitor.      In    Staffordshire    and 
Northamptonshire    opposition    was    more    manifest,    and 
resistance   was  determined  upon.     In   November,    1857, 
one  of  the   new  machines  was  introduced  into    North- 
ampton.    The  operatives  were  excited  and  alarmed.     An 
open-air  meeting  was  held,  attended  by  large  numbers. 
The  speakers  predicted  the   ruin   of  the  trade,  lack  of 
employment,  and  lower  wages  to  those  in  work.     At  a 
second  meeting,  held  in  the  Milton  Hall,  it  was  resolved 
to  resist  the  use  of  the  new  machine.     A  deputation  was 
appointed  to  wait  upon  the  employers,  in  order  to  ascer- 
tain their  intentions.     Some  expressed  themselves  as  in- 
disposed to  introduce  the  machine  unless  compelled  to  do 
so  by  the  competition  of  houses  where  it  was  in  work. 
A    few,   it   is  said,  rather  encouraged   the  men  in  their 
attitude  of  resistance.     This  is  not  unlikely,  as  the  smaller 
masters  would  hesitate,  for  various    reasons,  to  adopt  a 
new    machine     the    capabilities    of  which    had  not    been 
extensively  tested.     Masters  are  human,  and  they  are  as 
timid  with  regard  to  new  methods  as  the  men,  and  are 
often  as  disposed  as  the  latter  to  throw  obstacles  in  the 
way  of  improved  methods  of  manufacture. 

2.  Opposition   to    Machinery. — At  a   further  meeting, 
held  on  November   nth,  it  was  resolved  that  "no  work 
should    be    made    up     for    any    employer   who    supplied 
machine-prepared  tops,"  or  "uppers"  ;  those  at  work  at 


no  LABOUR   LEGISLATION 

the  two  establishments  where  such  machines  had  been 
introduced  were  called  upon  to  cease  work,  and  most  of 
them  did  so.  The  operatives  tried  to  make  the  strike 
general,  and  sent  delegates  to  all  the  outlying  districts  to 
enlist  the  sympathy  and  support  of  all  engaged  in  the 
trade.  Some  of  the  men  in  the  two  firms  alluded  to,  and 
also  in  a  third  engaged  in  the  manufacture  of  boots  and 
shoes,  the  uppers  of  which  were  machine-made,  declined 
to  join  in  the  strike,  and  some  from  the  neighbouring 
villages  were  attracted  to  the  shops  on  strike  by  offers 
of  higher  wages.  For  four  months — November  and 
December,  1857,  and  January  and  February,  1858 — the 
operatives  appeared  to  be  on  the  road  to  success.  Meet- 
ings were  held  in  all  the  chief  centres  of  the  boot  and 
shoe  industry  in  the  Midlands,  and  the  operatives  were 
organised  into  unions,  for  up  to  that  date  little  had  been 
done  in  the  way  of  organisation  beyond  mere  local 
"benefit  clubs."  In  April,  1858,  success  had  so  far 
crowned  their  efforts  that  the  "  Northamptonshire  Boot 
and  Shoe  Makers*  Mutual  Association  "  was  established — 
"  to  prevent  the  introduction  of  machinery  into  the  trade, 
and  to  protect,  raise,  and  equalise  wages  as  far  as 
possible."  The  influx  of  members  was  great,  and  the 
union  formed  gave  increased  power  to  the  leaders  in  the 
contest.  But  the  shops  struck  against  did  not  close.  A 
number  of  hands  were  obtained,  and  some  of  the  "  tops  " 
or  "uppers"  were  sent  to  other  towns  at  a  distance  to 
be  made  up. 

3.  Conduct  of  the  Strikers. — It  is  reported  that   some 
intimidation  was  resorted  to  in  the  course  of  the  strike, 
especially  in  April  and  May,  1858,  and  some  cases  were 
brought   before    the   local    justices,    but    there   were    no 
serious  cases  of  personal  violence.     Hooting,  yelling,  and 
the  use  of  the  word  u  scab,"  to  the  non-strikers,  were  the 
offences  chiefly  complained  of. 

4.  Number  of  Apprentices  and  Age  Limit. — The  strike 
dragged  on  during  the  summer,  and  the  funds  for  the 
support  of  the  men  fell  off.     Meanwhile  the  question  of 
apprenticeship  arose  ;    the   union  desired  to  restrict  the 


STRIKES   IN   THE   FIFTIES  in 

number  for  any  one  man  to  two.  It  was  further 
resolved  that  no  person  should  be  allowed  to  learn  the 
trade  after  he  had  reached  seventeen  years  of  age.  These 
restrictions  caused  a  partial  split,  for  the  taking  of 
apprentices,  or  learners,  had  largely  extended  in  most 
districts.  Two  brothers  named  Plummer  fought  out  the 
question  of  age  ;  one — John  Plummer — became  well 
known  as  a  writer  on  this  and  other  labour  questions. 
After  an  acrimonious  opposition  to  Japheth  Plummer 
being  allowed  to  work  at  the  trade,  the  Kettering  branch 
of  the  union  withdrew  its  opposition,  the  members 
generally  showing  sympathy  with  the  man. 

5.  Proposed  General  Strike. — In  October  the  operatives 
evinced  their  disappointment  at  the  prolongation  of  the 
dispute  by  resorting  to  a  desperate,  in  no  sense  a  prudent, 
measure.     At  a  delegate  meeting  it  was  resolved  that  the 
entire  body  of  operatives  should  pledge  themselves  "  not 
to  work  for  any  employer  who  may  either  now  or  at  any 
future    time    give  work    to   those   or  any  of  those  who 
may  continue    at    work    for    the    shops    on    strike    after 
October    16,   1858."     This  was  aimed  at  the  men  who 
refused  to  join  the  strike,  or  "  went  in.'* 

6.  Illegal  Action  of  Labour  Leaders. — The  resolution 
adverted  to,  and  also  the  names  of  all  the  persons  alluded 
to  therein,  were  printed  and  a  copy  was  sent  to  every 
boot  and  shoe  manufacturer  in  the  county  of  Northamp- 
ton.    Fortunately  no  legal  proceedings  were  taken  in  this 
case,  or  the  consequences  might  have  been  deplorable  to 
all  connected  with  the  strike,  for  the  action  of  the  leaders, 
the    delegates,   and   the  whole    body   of  the    union    had 
openly  violated  the  6  Geo.  IV.,  c.  129,  in  a  manner  quite 
unprecedented. 

7.  A  Case  of  Wages. — There  arose  a  dispute  as  to  wages 
in  Kettering.     One  firm  gave  notice  of  a  reduction  in  the 
price  of  making  up  some  descriptions  of  shoes.     The  men 
struck   and  applied  to  the   branch  for  strike  pay.     The 
Central  Executive  at  Northampton  refused  to  grant  it, 
and  thereupon  the  Kettering  Branch  seceded.     That  and 
other   internal  disputes  increased    the  difficulties   of  the 


H2  LABOUR   LEGISLATION 

union  as  to  the  introduction  and  use  of  machinery  in  the 
manufacture  of  boots  and  shoes. 

8.  General  Strike  of  Operatives. — The  strike  continued 
all  through  1858,  with  very  little  change.     In  February, 
1859,     the     chief    manufacturers    in    the    counties    of 
Northampton  and  Stafford,  announced  their  intention  of 
using    machines,    or    making    up    the    tops    and    uppers 
supplied  by  those  who  did.     In  Stafford  seventeen  of  the 
larger  employers  pledged  themselves  not  to  employ  fresh 
hands   if  the  Northampton  men  struck  in  consequence  of 
the  above  decision.     The  operatives  tried  to  induce  the 
Stafford  employers  to  rescind  the  resolution  adverted  to, 
but  failed.     Then  they  resolved  upon   a  general  strike 
against  all  shops  wherein   machine-made  tops  or  uppers 
were  introduced.     It  was  now  a  contest  for  mastery  on 
both    sides — employers   for  the  free  use    of  machinery, 
operatives  for  its  prohibition. 

9.  Failure  of  Strike. — At  the  date  of  the  strike  many 
of  the  boot  and  shoe  firms  in  Northampton  and  Stafford 
did  not  use  machines  themselves,  but  purchased  the  uppers 
so  produced  and  "  made  them  up."     They  resented  the 
attempted  restriction.     The  effect  of  such  a  system  would 
have  been  to  limit  the  work  of  the  workpeople  to  certain 
classes  of  manufacture,  which  would  have  been  disastrous 
alike  to  employers  and  employed  ;    but  it  failed.     The 
general    strike    only   lasted    two    or    three   weeks,    for 
funds  came    in    slowly  and  inadequately.     Many  of  the 
operatives  migrated  to  other  centres,  the   number  being 
estimated  at  1,500.     When  the  strike  was  over  many  of 
those  who  returned  home   found  their    places    filled  by 
strangers.     The  appeal  to  the   other   trades   for  support 
was  not  very  successful,  but  the    engineers  contributed, 
though    the    strike  was    against   the    use    of  machinery. 

10.  Strikes  against  Machinery  Futile. — Everybody  now 
admits  that  strikes  against  machinery  are  futile  and,  what 
is    more,    impolitic,  and,   economically   and    industrially, 
wrong.     Then,  many  of  the  operative  class  regarded  all 
such  inventions  as   enemies  to  labour.     The    boot    and 
shoe  operatives    of  to-day    would    laugh    to    scorn    any 


STRIKES    IN    THE    FIFTIES  113 

proposal  to  return  to  the  old  hand-sewn  system,  on  the 
"  seat,"  at  home.  Thousands  more  are  now  employed,  at 
better  wages,  for  shorter  hours,  in  well-ventilated,  health- 
ful workshops.  The  attempt  to  limit  apprentices  also 
was  a  mistake,  and  equally  so  the  attempt  to  fix  an  age 
limit  at  which  persons  might  enter  the  craft.  The 
dispute  lasted  nearly  eighteen  months  ;  it  occasioned  a 
good  deal  of  suffering,  and  cost  a  lot  of  money.  The 
failure  of  the  operatives  is  not  to  be  deplored  ;  what  is 
deplorable  is  that  they  were  not  better  led,  by  men  more 
far-seeing  as  to  the  objects  aimed  at  and  as  to  the 
inevitable  results. 

n.  Coal  Strike  and  Lock-out,  1858. — The  strike  of 
coal-miners  in  West  Yorkshire  in  1858  did  not  originate 
with  a  union,  as  such  strikes  usually  are  said  to  do,  but 
the  dispute  itself  originated  the  union.  The  coal 
owners  had  formed  an  Employers'  Association  long  prior 
to  the  dispute  in  1858.  It  existed  in  1844,  ^  not  at  an 
earlier  date.  In  that  year  a  strike  took  place  for  an 
advance  in  wages,  which  ended  disastrously  for  the  men. 
From  the  close  of  that  strike  the  wages  of  the  men  did 
not  advance  until  1853.  It  is  said  that  the  general  price 
of  coal  did  not  advance  in  that  period,  though  there  were 
fluctuations.  According  to  two  authorities,  colliers'  wages 
were  about  43.  per  day  for  nine  hours'  work  ;  Mr. 
Holmes,  on  the  part  of  the  men,  declares  that  the  rates 
were  33.  6d.  per  day  for  ten  hours'  work.  Doubtless  both 
were  right — the  employers  took  the  highest  rates,  the 
miners'  representatives  the  lowest ;  so  that  from  35.  6d.  for 
nine  hours  to  43.  for  ten  hours  were  the  minimum  and 
the  maximum  in  West  Yorkshire  from  1844  to  1853. 
In  January,  1 8  54,  the  men  alleged  that  the  price  of  coal 
at  the  pit's  mouth  went  up  from  55.  to  8s.  9d.  per  ton  ;  an 
employer  alleged  that  the  price  had  risen  only  from  45.  7d. 
to  6s.  8d.  per  ton  at  the  pit.  The  discrepancies  could  no 
doubt  be  explained  by  an  elaborate  statement  and  figures, 
but  this  is  not  required.  The  employers'  figures  then 
most  quoted,  and  relied  upon,  admitted  a  rise  of  45  per 
cent,  from  1850  to  1854.  A  coal  merchant  well  known 

9 


H4  LABOUR    LEGISLATION 

and  in  a  large  way  of  business  asserted  that  the  rise  was 
equal  to,  or  more  than,  90  per  cent.  The  mean  would 
therefore  be  about  62  J  per  cent,  advance  from  1844  to 
1854,  when  the  dispute  arose  as  towages.  The  system 
of  calculating  by  percentages  requires  explanation. 

12.  Dispute  as  to  Wages  versus  Prices. — If  we  take  the 
employers'  statement  that  the  wages  were  43.  per  day,  and 
the  men's  allegation  that  the  rate  was  35.  6d.  per  day,  the 
mean  would  be  35.  yd.  per  day.    If  the  men  on  the  average 
got  three  tons  per  day  the  wages  would  be  is.  3d.  per  ton. 
The  average  output  per  man  was,  however,  above  three 
tons  at  that  period.     Well,  the  employers  alleged  that  they 
gave  three  advances  in  1853-54,  which,  in  the  aggregate, 
amounted  to  30  per  cent.,  and  they  admitted  an  advance  in 
prices  of  45  per  cent.     Now  30  per  cent,  on  is.  3d.  per 
ton  would  be  4jd.,  whereas  45  per  cent,  on  the  basis  of  the 
mean  of  from  45.  yd.  to  6s.  8d.  per  ton,  as  acknowledged 
by  employers — mean  55.  7  Jd.  per  ton  would  amount  to  an 
advance  of  over,  say,  in  round  figures,  2s.  3d.  per  ton.    The 
figures  given  at  the  date  of  the  dispute  varied  considerably, 
but  an  employer,  whose  figures  were  most  relied  upon, 
states  that  hewers'  wages  were  is.  3d.  per  ton,  the  cost, 
including  other  wages,  2s.  5d.  per  ton.   Without  attempting 
to  reconcile  the  different  sets  of  figures,  the  fact  remains 
that,  even  were  the  advance  in  wages  and  in  prices  equal — 
say  30  per  cent.,  the  one  is  reckoned  on  is.  3d.,  the  other 
on  55.  7Jd. — so  that  the  difference  in  amount  is  material. 
There  was,  moreover,  a  set-off  in  favour  of  coalowners  in 
the  varying  classes  of  coal. 

13.  'The  Employers'  Association. — In  the  dispute  which 
arose    in    1853-4     it    was    supposed    that    the    Masters' 
Association  was  formed  in   1853.      Mr.  Briggs,  who  was 
one  of  the  leading  employers  connected  with  the  dispute, 
asserted  openly  at  Bradford  that  it  had  existed  for  thirty 
years.     The  objects  of  the  Association  are  stated  to  have 
been  "  for  the  regulation  of  prices,  weights,  and   other 
matters    connected    with     the    coal     trade,"    including 
"  legislative  enactments  affecting  collieries,  and  rules  and 
regulations  as  to  the  working  of  coal  mines." 


STRIKES   IN  THE    FIFTIES  115 

14.  Employers*  Resolve    to  Reduce    Wages. — The   first 
intimation  of  a  reduction  was  given  in  the  Leeds  Mercury 
on   March   17,   1855,  by   the   publication  of  a    series  of 
resolutions  passed  by  the  coalowners  at  a  meeting  held  at 
the  Wellington   Hotel,  Leeds,  on  March   13,    1855,    as 
follows  :  (i)  "  That  a  reduction  of  id.  per  day  be  made 
on   colliers'    wages  ;     (2)  of    ijd.   per  day    on  hurriers' 
wages  ;     (3)  of   is.   per    week    on  by  workmen's  wages  ; 
(4)  that  the  resolution  not  to  employ  each  other's  men 
without  note  remain  in  force  ;  (5)  that  a  reduction  in  top- 
men's  wages  take  place,  date  to  be  left  to  the  discretion 
of  employers  ;  (6)  that   no  reduction   take   place  in  the 
price  of  house-coal  till  a  meeting  be  called."     Numbers  4 
and  6  are  significant,  especially  the  latter.     It  was  resolved 
to  make  the  reductions  forthwith,   to   commence  at  and 
from  the  next  week's  earnings.     Owing  to  the  threatened 
resistance  of  the  men  the  reductions  did  not  then  take 
place,  except  in  a  very  few  instances. 

15.  Notice   of  Reduction    Given. — Later    on  a  further 
reduction  in  the  price  of  coal  led  to  a  decision  to  reduce 
wages  15  per  cent.,  equal  to  one-half  the  amount  stated 
by    the  employers   to  have   been   conceded  to  the  men. 
On,  it  appears,   February  19,  1858,  notices  by  one  firm 
were  given  of  the  proposed  reduction  ;   concerted  action 
by  all    employers  followed    in   March.     The    notice  was 
signed,  March  1 8th,  to  expire  at  the  end  of  twenty-eight 
days.     It    was    pointed  out  at  the    time  that  the  actual 
reduction  proposed  was  i8J  per  cent,  on  the  then  wages, 
or  three-fifths  of  the   total,  instead  of  one-half.     But  it 
seems  that  many  of  the  employers  regarded  the  reduction 
as  one-half  only,  and  acted  upon  that  proportion,  the  real 
reduction  being  in  accordance  with  that  view.     Singularly 
enough,  in  one  district,  there  was  an  advance  in  wages, 
not    a   reduction — an  indication  that  such  a  step  was  at 
least  doubtful. 

1 6.  'The  Strike,  and  a  Compromise. — The    men    deter- 
mined   to    resist   the    reduction,    and    struck,    selecting 
certain  collieries.     The  employers  thereupon  determined 
upon  a  lock-out.     The    number   who  struck  was  about 


n6  LABOUR   LEGISLATION 

800  ;  this  was  increased  by  the  lock-out  to  about  3,200 
men  and  boys.  After  a  time  arbitration  was  proposed  by 
the  Vicar  of  Leeds  and  others  ;  the  men  agreed,  but  the 
employers  refused  point-blank,  and  would  not  see  a 
deputation  from  the  men  to  discuss  terms.  At  the  end 
of  September  one  of  the  coalowners  compromised  with 
his  men  for  7  j-  per  cent,  reduction,  without  any  stipula- 
tion as  to  supporting  the  union  or  the  men  on  strike. 
Other  employers  soon  followed,  and  the  strike  and 
lock-out  ended  after  about  six  months'  struggle  at  an  all- 
round  reduction  of  yj  per  cent. 

17.  Other  Miners"  Strikes. — There  were  other  strikes 
in   the   Yorkshire  coalfields  at  the  same   period,  also    a 
lock-out  in  South  Yorkshire.     But  it  appears  that  the  men 
were  able  to   resist  even  the   reduction  of  7^  per  cent. 
However,   within    a  year   the   men    in   West  Yorkshire 
recovered  the  reduction. 

1 8.  Cost  and  Conduct  of  the  Strike. — The    conduct  of 
the  men  appears  to  have  been  orderly  from  first  to  last. 
There  were  no  riotous  scenes,  no  intimidation.     The  cost 
was  estimated  at  £100,000,  of  which  £53,725   45.    id. 
fell  upon  the  men  ;  loss  in  wages  £45,720,  and  subscrip- 
tions to  those  on  strike  £8,005  4s-   I(^     As  the  price  of 
coal  kept  up,  owing  to  cessation  of  production,  the  losses 
to  employers  were  not  so  great  in  proportion  to  those 
suffered  by  the  men. 

19.  Formation  of  Miners    Unions. — As  an  outcome  of 
the  strike  and  lock-out  the  miners  established  a  permanent 
union,    which     organisation,     passing      through     many 
vicissitudes,  continued  to  exist  until  remodelled  in  later 
years  ;    subsequently    it    became    the   Yorkshire    Miners' 
Union,    and    is    now   part    of    the    Miners'    Federation, 
which  it  originated. 


CHAPTER   XIV 

LABOUR   MOVEMENTS  AND  STRIKES   IN   THE  FIFTIES. III. 

STRIKES  and  lock-outs  were  so  prolific  in  the  fifties, 
and  the  numbers  involved  were  so  large,  that 
further  examples  are  required  to  fully  understand  the 
trend  of  trade-union  movements,  and  to  appreciate  the 
great  issues  that  were  at  stake.  In  reality  it  was  on  the 
part  of  trade  unions  a  struggle  for  existence  as  cor- 
porate bodies,  if  indeed  the  word  "  corporate "  could 
then,  or  even  now,  accurately  apply.  It  was  a  period  also 
when  workmen  were  struggling  for  a  living  wage.  Trade 
unions  were  no  longer  forbidden  by  the  Statute  Law,  but 
there  was  a  widespread  design  among  employers  to  crush 
them  out  by  the  weight  of  their  own  combinations  and 
length  of  purse,  and  of  using,  as  far  as  might  be,  the 
strong  arm  of  the  law  to  cripple  their  action  and 
resources,  and  thereby  render  them  powerless  for  the 
advancement  or  even  defence  of  labour.  In  all  the  great 
strikes  previously  dealt  with  the  abandonment  of  the 
union  was  more  or  less  insisted  upon  by  the  employers  ; 
that  object  in  all  cases  failed.  The  law  was  only  seriously 
invoked  at  Preston,  and  there  it  failed  in  achievement ; 
but,  so  far  as  it  was  set  in  motion,  it  helped  to  defeat  the 
men. 

i.  The  leavers'  Strike  at  Padiham,  1859. — To 
understand  this  dispute  it  is  necessary  to  explain  that,  at 
the  date  of  the  strike,  it  was  a  small  manufacturing  town 
in  what  is  known  as  East  Lancashire,  Blackburn  being 
its  chief  centre  in  the  cotton  industry.  In  the  latter 

117 


n8  LABOUR   LEGISLATION 

town  there  had  long  been  a  powerful  and  well-managed 
Operatives'  Union,  and  also  a  strong  Association  of 
Employers.  The  two  associations  had  so  far  worked 
amicably  together  that  lists  of  prices  for  various  descrip- 
tions of  work  had  been  mutually  agreed  upon,  and  were 
known  as  the  Blackburn  Lists.  Four  such  lists  existed  in 
1852-3  as  follows  :  (i)  Spinners'  List,  agreed  to  October 
i,  1852  ;  (2)  Loomers'  List,  agreed  to  July  6,  1853  ;  (3) 
Winders,  Warpers',  &c.,  List,  agreed  to  August  17,  1853  ; 
(4)  Weavers'  List,  August  17,  1853.  Those  lists  formed 
the  basis  of  calculation  in  the  event  of  disputes. 

2.  The    Blackburn     Lists    of   Rates. — The    Padiham 
weavers  recognised  the  Blackburn  Lists,  for  it  was  stated  in 
rules  of  "  The  East  Lancashire  Amalgamated  Power-Loom 
Weavers'    Association,"    established    shortly    before    the 
strike,  that  "  the   objects   of  this  Association  shall  be  to 
keep  up  our  present  rate  of  wages  to  the  standard  list." 
During   a   depression   in   the   cotton  trade  two   firms   in 
Padiham  reduced  the  weavers'    wages.     The    other  em- 
ployers did  not  do  so  ;  the  operatives  in  those  two  firms 
consequently    resented  it,  and  held  meetings  to   protest. 
They  were  told,  however,  that   when   trade  revived  the 
amount  would  be  restored.     Upon  its  revival  this  was  not 
done  ;  on  the  men  protesting,  they  were  offered  one-half 
instead  of  the  whole  amount.     The  wages  in  Padiham  at 
that  time  was  below  the  Blackburn  List,  some  said,  to  the 
extent  of  I2j  per  cent. — at  least  the  rates  were   10  per 
cent,  below  those  at  Blackburn.     After  some  negotiations, 
without  success,  the  operatives  served  the  employers  with 
notices,  sending  therewith  the  lists  of  the  various  prices 
they  required.     A    public    meeting    took    place    in    the 
Assembly   Room,   and  several   employers  spoke    thereat. 
The  latter,    it  would    appear,  were    ready  to    offer    an 
advance   of    10    per    cent.,    only   2j    below    what    was 
demanded.     Some  opposition  to  two  employers  present 
caused   an  uproar,  and  consequently  the  terms  were  not 
disclosed. 

3.  Small   Amount    in    Dispute. — As    was    subsequently 
shown,  the  actual  difference  between  the  operatives'  claim 


STRIKES   IN   THE   FIFTIES  119 

and  the  employers'  offer,  which,  though  not  made  known 
at  the  meeting  referred  to,  was  published  in  the  Blackburn 
Times  a  day  or  two  afterwards,  was  only  2j  per  cent. 
The  employers  urged  that  they  were  entitled  to  that 
difference  for  local  reasons  given.  But  to  the  operatives 
the  amount  appeared  to  be  greater,  hence  their  action. 
The  details  of  the  differences  are  of  such  a  technical 
character  that  they  need  not  now  be  entered  into — 
indeed,  it  would  occupy  more  space  than  the  subject 
would  be  worth.  Apart  from  extra  cost  of  carriage,  and 
other  matters  urged  by  the  employers,  the  measurements 
of  loom,  &c.,  and  difference  in  quality  of  material  used, 
were  such  that  the  Padiham  employers  had  a  rightful 
claim  to  some  set-off.  For  example,  the  Blackburn 
weavers  used  warps  spun  by  mule,  the  Padiham  weavers 
warps  spun  by  throstle.  The  former  were  more  brittle, 
liable  to  breakages,  consequently  to  stoppages,  than  the 
latter.  Unfortunately  the  question  of  the  union  came 
in.  The  employers  objected  to  the  union  secretary's 
interference.  The  latter  denied  some  of  the  allegations 
made  against  him,  but  being  the  operatives'  mouthpiece, 
he  was  therefore  not  a  favourite  with  employers.  The 
fight,  however,  was  not  in  this  case  against  unionism 
per  se. 

4.  The  Strike — each  side  Explains. — As  negotiations 
failed,  the  hands  at  six  mills  went  out  on  March  17, 
1859.  Only  about  943  struck  work,  many  of  whom 
were  youths  and  girls.  A  Masters'  Defence  Association 
was  forthwith  formed,  which  contributed  2s.  6d.  per 
loom  per  week  in  support  of  the  Padiham  employers. 
In  this  way  between  £6,000  and  £7,000  were  subscribed. 
The  employers'  case  is  put  at  some  length  in  a  circular 
dated  June  4,  1859  ;  also  in  a  lengthy  letter  to  the  Times 
dated  August  8th.  To  the  latter  the  secretary  to  the 
operatives  replied  in  a  letter  dated  August  I4th.  Each 
party  put  the  case  as  they  saw  it,  from  their  own  stand- 
point, and  each,  as  naturally,  exaggerated  or  softened, 
according  to  the  views  entertained.  Other  matters  were 
imported  into  the  dispute,  some  by  the  operatives,  some 


120  LABOUR   LEGISLATION 

by  the  employers,  all  doubtless  done  in  good  faith,  but 
the  effect  was  irritating  and  delayed  a  settlement. 

5.  End  of  the  Strike. — The  beginning  of  the  end  came 
in  a  curious  way.     One  of  the  employers  had  his  looms 
measured  by  his  own  hands,  and  settled  the  dispute  on 
that   basis.     This   was    placarded,    when    the    employers 
replied  that  their  offer  had  been  on  the  same  basis.     The 
difference  faded,  but  the  struggle   continued.     Effects  at 
conciliation  failed.     At  last,  on  August  9th,  a  Committee 
of  Blackburn  employers  was    elected  to    investigate   the 
matters  in   dispute.     They  did  so,   heard   a   deputation 
from  the  operatives,  and   reported,   recommending  con- 
ciliation in  a  generous  spirit.     The  report  entered  into 
minute  details,  the  outcome  of  which  was  to  justify  the 
employers'   offer.      While  the  discussion  was  going  on  an 
old    measurement  list  was   discovered,   which  practically 
coincided  with  the  Blackburn   report.     The  result    was 
that  the  strike  came  to  an  end  after  six  months'  duration. 
Even  then  a  protest  was  made  on  the  part  of  some  of  the 
Padiham   men.     But  the    Blackburn  men  threatened    to 
cut  off  supplies  if  the  strike  continued. 

6.  Cost     of    the     Strike. — The     strike     cost     about 
£11,334     I2s.     id.,    of    which   £10,380    us.    5d.    was 
sent    to    Padiham.       The    remainder    was  expended   in 
meetings,     printing,     collection    of   funds,    officials,     and 
general   cost    of  management. 

7.  Strike    of    Flint    Glass    Makers,    1858-9. — "The 
United  Glass  Makers'  Society"  was  established  in   1844. 
The  rules  were  revised  at  a  conference  held  in  London  in 
June,    1858.       The   society    provided    benefits    for   un- 
employed  members,   superannuation,   and    other    benefits 
from    its    formation.     Upwards    of    £20,000   had    been 
spent  prior  to  the  strike  of  1858,  mostly  as  unemployed 
benefit,  £2,000  of  which  were  spent  during  the  Crimean 
War,  and  £3,000  in  1858,  the  year  of  the  Indian  Mutiny, 
though  there  were  no  strikes,  only  "  fluctuations  in  trade." 
During  those  fifteen  years  the  union  contributed  liberally 
to  the  chief  strikes  and  lock-outs  in  other  trades,  and  also 
to  the  National  Association  of  Trades'  Unions"  in  its 


STRIKES   IN  THE   FIFTIES  121 

efforts  to  promote  arbitration  or  conciliation  in  the  case 
of  labour  disputes.  The  rules  provided  for  a  minimum 
wage,  ranging  from  145.  to  245.  per  week  according  to 
grade,  and  also  as  to  the  proportion  of  apprentices  to  the 
number  of  journeymen. 

8.  Origin    of   Strike — Apprentices    and    Wages. — The 
strike  originated  in  the  attempt  of  a  manager  to  employ 
an  apprentice  as  a  journeyman  footmaker  at  a  lower  rate 
than    143.  per  week.     The  men  objected,  and  upon  the 
employer  refusing  to  pay  such  wage  the  men  gave  in  their 
notices  on  October  12,  1858.     The  employer  replied  with 
another  notice  on  the  i6th,  and  on  the  23rd  they  ceased 
work.     This  was  at  Stourbridge.     A  dispute  also  arose  as 
to  the  number  of  apprentices  at  another  factory  in  the 
neighbourhood — there  also  the  notices  expired  on  October 
23rd.     The  men  were  in  union,  and  were  entitled  to  from 
i os.  to    155.   per  week  strike  pay;    the  masters  had  no 
union.       But   on    October    i6th  the   two  employers   in- 
volved sent  circulars  to  all  other  employers,  requesting 
them    not    to    employ  those    on    strike   in    the    interests 
of  the  trade  generally.     These  circulars  had  the  desired 
effect. 

9.  Extension  of  Strike  and  a  Lock-out. — The   men,  in 
retaliation,  decided  on  November   1 5th  to  strike  at  two 
other  factories,  and  so  on  in  detail  before  resorting  to  a 
general  strike.     Power  was  given  to  the  Committee  to 
adopt  either  alternative  on  the  day  following.     There- 
upon the  employers  resolved  to  form  an  association  of  all 
the  glassmakers  in  the  districts  of  Birmingham,  Dudley, 
and   Stourbridge,  the  rules  of  which  were  agreed  upon, 
dated  November  16,  1858.     The  men  resolved  to  attack 
the  employers  who  aided  the  firms  on  strike  by  supplying 
them  with  goods  at  cost  price  or  otherwise,  and  thus  the 
struggle  became  general,  the  Workmen's  Union  on  the 
one  side,  the  Employers'  Association  on  the  other.     The 
latter  at  once  declared  war    against  the   union,  and   on 
January  i,  1859,  the  men  were  locked  out  from  seventeen 
factories,  seven  only  remaining  open  and  at  work.     The 
employers  endeavoured  to  induce  all  other  employers  in 


122  LABOUR    LEGISLATION 

the  kingdom  to  do  likewise.  In  March  about  1,100  men 
were  locked  out ;  the  dispute  had  in  fact  become  national. 
The  condition  of  re-employment  was  a  written  declaration 
by  the  operatives  to  give  up  the  union,  and  not  to  con- 
tribute to  those  on  strike.  The  men  doubled  their 
subscription,  and  even  proposed  to  start  a  factory  of 
their  own ;  nevertheless  they  tried  to  conciliate  by  a 
revision  of  their  rules,  a  copy  of  which  was  sent  to  every 
employer.  At  first  the  employers  would  listen  to  no 
terms  except  a  renunciation  of  the  union. 

10.  Settlement  of  the  Dispute. — Later  on  the  employers 
notified   acceptance    of  the    new   rules  subject    to   some 
modification.     They  were  modified  accordingly,  and  were 
agreed  to  at  a  conference  of  both  parties  on  April  4,  1859. 
The  men  depended  mainly  upon  themselves  for  support, 
by   high    rates    of  contribution,    and    the    acceptance    of 
promissory  notes,  bearing   5  per  cent,  interest  when  the 
struggle  was  over.     All  these,  to  the  extent  of  £2,000, 
were  redeemed. 

11.  Chainmakers'  Strike,  1859-60. — The  circumstances 
leading    up    to   this   strike   were    peculiar,    and    require 
some  explanation.     The  chief  centres  of  the  chain-making 
industry  were  at  that  date  in  Northumberland  and  in  the 
Midlands  ;  but  there  were  also  considerable  factories  in 
Wales  and  Scotland — mostly  in  or  near  Glasgow.     In  the 
Midlands  the  chief  seats  of  such  industry  were  at  Cradley, 
Dudley,  Walsall,  and  Wolverhampton  ;  but  it  was  carried 
on  at  other  places.     It  is  estimated  that  the  number  so 
employed   in    1859   was  about  three    thousand.     In    the 
Newcastle-on-Tyne  district  the  men  had  a  strong,  well- 
organised  union.     The  trade  was  a  flourishing  one,  high 
wages  were  paid,  and  the  best  chains  were  made  in  that  dis- 
trict.    The  union  at  that  time  published  The  Chainmakers 
Journal  and  Trades"  Circular,  the  issues  varying  from  500 
to  1,100  per  month.     In  the  Midlands  an  inferior  class  of 
chains  were  produced,  and  the  men  were  paid  a  lower  rate 
of  wages.     The  local  "  community  of  chainmakers  "  was 
not    a    thriving    one.     They   had   no  trade  combination 
worth    mentioning  ;    what   little    there  was   consisted    of 


STRIKES    IN   THE   FIFTIES  123 

local  clubs,  limited  in  numbers,  in  resources,  and  purposes, 
chiefly  social  and  convivial. 

12.  Friendly  Action  of  Newcastle  Union. — In  the  early 
part  of  1859  it  became  known  to  the  Newcastle  Union 
that  the   chainmakers  in   the   Midlands   were   in  a  very 
depressed   condition,  whilst  the  trade  in  the  north  was 
flourishing.     The  Newcastle  Union  thereupon  resolved  to 
send  a  deputation  to  the  Midlands  to  inquire  and  report. 
It    was    a    purely    voluntary    act,    as    the    men    had    no 
bond    of  union,    except    that    they  worked  at  the  same 
trade.       The    deputation    left    Newcastle    on    April    10, 
1859,  and   visited  the  whole    of  the    Midland  districts, 
also    Wales  and    Glasgow,  several    meetings    being    held 
during    the    visits    at    the    chief   centres    of   the    chain- 
making  industry. 

1 3 .  lest  of  Quality  of  Chains  Advocated. — Their  report, 
in  brief,  specified  four  evils  requiring  immediate  remedies. 
They  were  :   ( i )  Employment  of  women  in  chainmaking  ; 
(2)  long  hours  of  labour  ;    (3)  manufacture  of  inferior 
chains  ;  (4)  want  of  a  general  union  among  the  chain- 
makers.     A  protest  was  made  in  their  journal  against  the 
employment  of  women,  but  no  other  steps  were  taken  ; 
and  all  subsequent  efforts  failed  in  this  respect.    The  scale- 
rates  of  work  in  operation  in  one  large  factory  at  Gates- 
head  was  advocated  as  a  basis  to  apply  to  all  factories  in 
the  North  of  England  absolutely  ;  and  in  the  South  with 
as  little  delay  and  modification  as  might  be  necessary  under 
the  circumstances.     As  regards  the  manufacture  of  inferior 
chains,  the  journal  took  a  bold  step — it  urged  upon  all 
connected  with  the  shipping  industry  the  absolute  necessity 
for  a  public  test,  in  the  interests  of  safety  of  human  life 
and    property,  with    a    duly   qualified   inspector  to  take 
charge    of   the    machine    and    certify    as    to    the    result. 
An    important    and    well-considered     circular     on    this 
subject  was  issued   "  to   the  Directors  of  Marine  Insur- 
ance    Associations,     Merchants,     Shipowners,    Captains, 
&c.,"    dated    June    3,    1859,    signed    on    behalf   of  the 
operatives. 

14.  Organisation — Charge  of  Rattening. — With  respect 


I24  LABOUR   LEGISLATION 

to  the  want  of  combination  among  the  chainmakers  of 
Staffordshire,  the  Newcastle  Union  urged  in  their  journal 
the  formation  of  societies  in  all  localities,  and  sent  delega- 
tions to  organise  such  in  the  various  districts.  They 
found  the  men  depressed  and  generally  dissatisfied.  At 
one  factory  at  Lye  there  was  a  strike  which  had  already 
lasted  two  months.  The  origin  of  that  strike  was  as 
follows  :  In  the  middle  of  February,  1859,  the  bellows  of 
three  workmen,  to  the  value  of  £25,  were  destroyed. 
The  employers  accused  the  members  of  the  union  of  the 
outrage,  and  required  the  union  to  make  good  the  damage. 
The  officials  of  the  union  solemnly  denied  all  knowledge 
of  the  affair,  but  it  appeared  that  the  workmen  whose 
bellows  were  destroyed  had  given  offence  to  the  union — 
two  by  non-payment  of  levies,  the  third  by  refusing  to 
join  the  union.  The  employers  insisted  upon  the  damage 
being  made  good,  and,  further,  that  the  men  should  con- 
tribute to  a  special  guarantee  fund  to  repair  the  damage 
done  to  any  other  property.  The  men  thereupon  struck. 
There  was  a  divergence  of  opinion  at  the  time  as  to  the 
precise  issue  ;  the  union  officials  declared  that  they  were 
willing  to  make  good  the  damage  in  the  particular  case, 
but  objected  to  a  permanent  tax.  The  employers  declared 
that  they  would  not  have  insisted  upon  the  tax  if  the 
union  had  paid  for  the  actual  damage  done.  Apart, 
however,  from  the  matter  mentioned,  the  men  at  this 
factory  complained  bitterly  of  deductions  from  wages  in 
charges  and  fines.  This  was  not  an  unusual  thing  at  that 
date,  nor  for  long  years  subsequently.  The  men  struck 
on  February  21,  1859,  to  the  number  of  nearly  a  hundred. 
The  men  of  the  North  contributed  at  first  £5,  then  £10 
weekly  during  the  strike,  which  ended  in  July  after 
over  four  months'  duration,  the  men  being  taken  back 
unconditionally. 

15.  Deductions  in  Wages,  and  Resistance. — The  strike 
above  alluded  to  was  local.  There  were  others  in  May 
and  June  against  employers  supplying  chain  to  the  firm 
on  strike.  Then  a  dispute  arose  at  Cradley  as  to  charges 
for  carrying  the  iron,  which  the  men  resisted,  imposing  a 


STRIKES   IN   THE   FIFTIES  125 

fine  of  i  os.  upon  any  member  of  the  union  who  submitted 
to  a  reduction  of  wages  for  carriage,  &c.  The  wages  of 
the  men  in  1844  only  averaged  about  los.  per  week.  By 
spasmodic  union  efforts  wages  rose  to  nearly  double  by 
1854,  after  which  they  receded  to  nearly  the  1844  level. 
The  unions  decreased  in  numbers,  and  then  ceased  to  exist. 
Again  they  attempted  to  reorganise,  but  in  1858  they 
were  still  weak.  In  July,  1859,  a  general  delegate 
meeting  was  called  to  consider  the  desirability  of  an 
advance  upon  what  was  called  the  45.  list,  and  also  the 
53.  list.  On  July  2%rd  notices  were  given  to  employers 
that  the  men  would  require  the  advance  from  August  6th. 
The  employers  held  a  meeting,  and  resolved  neither  to 
accept  the  notice  nor  concede  the  advance,  and  on  August 
6th  the  men  left  work. 

1 6.  Breach    of    Contract — Prosecutions    and  Appeal. — 
The  employers — represented  by  two  firms  at  Stourbridge 
and  one  at  Chester — took  out  summonses  for  breach  of 
contract — leaving  work  without  notice — on  the   ground 
that  they  were  not  bound  to  accept  notice  from  a  person 
not  in  their  employ.     On  August  1 2th  the  case  was  heard 
by  the  Stourbridge  magistrates,  one  of  whom  was  a  chain 
manufacturer,1  who  declared  that  the  men  were  not  justified 
in  leaving  work.     No  sentence  was  passed  in  this  case  ; 
but    in  another   case  two    men  were  sent  to   prison  for 
fourteen  days  and  ordered  to  pay  8s.  6d.  costs  and  have 
^4  deducted  from  their  wages.     An  appeal  was  entered, 
when  the  court  held  that  the  conviction  was  wrong,  as  the 
men  acted  bond  fide,  the  notice  given  being  held  to   be 
good. 

17.  Quibbles  as  to  Nature  and  Extent  of  Differences. — 
The  dispute  as  to  prices  and  wages  was  often  acrimonious, 
and  the  figures  given  on  either  side  vary  considerably. 
The    employers    offered    to   give   a  certain    advance,   on 
August  29th,  if  the  men  would  work  out  a  fourteen  days' 
notice  on  the  old  rates.     This  the  men  refused  to  do, 

1  This  was  in   violation  of  the  provisions  of  the  Act  6  Geo.  IV., 
c.  129. 


126  LABOUR   LEGISLATION 

holding  that  their  secretary's  notice  was  valid,  as,  indeed, 
it  was  declared  to  be  later  on,  when  the  appeal  was  heard 
in  the  Court  of  Queen's  Bench.  There  was  also  a  dispute 
as  to  the  nature  and  value  of  the  employers'  offer  in  the 
formulated  list. 


CHAPTER   XV 

LABOUR     MOVEMENTS,     STRIKES,    AND     LEGISLATION     IN 
THE     SIXTIES. 1. 

WE  are  now  on  the  eve  of  the  sixties.  The 
movement  first  to  be  described  commenced  in 
1859,  but  in  its  general  character  and  results  it  essentially 
belonged  to  the  sixth  decade  of  the  nineteenth  century. 
The  sixties  entered  upon  wider  development  of  trade 
unionism.  There  were  some  new  departures  and  an 
extension  of  the  old  lines,  and  also  a  broader  application 
of  the  term  tc  unionism  "  to  conditions  more  or  less  new. 
The  isolation  that  had  for  so  long  a  period  kept  the 
labour  leaders  apart  was  once  again  to  be  broken  down, 
and  thenceforth  unionism  was  to  mean  not  only  the 
gathering  together  of  men  into  unions  in  the  trades  to 
which  they  belonged,  but  it  was  to  become  a  union  of 
unions  for  common  purposes — "defence,  not  defiance" 
being  the  motto.  The  idea  of  a  consolidation  of  all 
unions  into  one  huge  body  was  practically  abandoned. 
The  experience  of  attempts  of  this  kind  in  the  thirties, 
forties,  and  fifties  had  shown  its  utter  impracticability. 
The  aim  was  much  the  same,  but  the  means  to  the  end 
were  different.  Absorption  was  found  to  be  futile  ;  but 
it  was  possible  to  co-operate  on  independent  lines,  each 
union  managing  its  own  affairs,  and  yet  supporting  general 
principles  in  cases  of  emergency.  No  grand  scheme  was 
formulated,  but  the  leaders  of  the  unions  were  drawn 
together,  and  certain  of  the  unions  followed  their  leaders 
as  a  matter  of  course.  It  was  a  growth,  slow  at  first,  but 

127 


128  LABOUR   LEGISLATION 

expansive.  As  a  result  there  followed  important  develop- 
ments, some  of  which  are  as  yet  only  partially  realised, 
and  these  only  after  years  of  work,  sometimes  followed  by 
periods  of  reaction. 

1.  The  Builders'  Strike  and  Lock-out \   1859 — 60. — As 
before    mentioned,   the    building   operatives    of  London 
were  the  first  to  endeavour  to  reduce  the  working  hours, 
by  one  and  a  half  per  week  on  Saturdays.     In   1859  a 
movement  was  initiated  for  "  a  nine-hours'  day,"  but  in 
reality  it  did  not  mean  a  reduction  of  six  hours  per  week, 
only  of  four  and  a  half  hours  per  week — that  is,  from 
58  J  hours  to  54  hours  per  week.     The  idea  was  favour- 
ably received  by  all  the  branches  of  the  building  trades, 
but    by   the    employers    it  was    bitterly    opposed.     The 
public  also  evinced  interest  in  the  discussion.     Fast  and 
furious  was  the  onslaught  upon  the  leaders  who  had  dared 
to  ask  "  for  ten  hours'  pay  for  nine  hours'  work."     The 
reply  was,  and  is,  that  the  men  had  as  much  right  to  a 
reduction  of  working  hours  as  to  an  increase  of  wages,  if 
the  state  of  the  labour  market  was  at  all  favourable  to 
any  enhancement  in  the  value  of  labour.    Then,  however, 
it  was  regarded  as  a  monstrous  thing,  and  the  leaders  in 
the  Nine  Hours'  movement  were  held  up  to  ridicule  in 
Punch,    were   denounced    in    the    limes,    and    in    other 
London  newspapers ;  they  were  censured  in  Parliament, 
on  platforms,  in  pulpits,  and  in  the  meetings  of  "learned 
societies."     Defenders    of  the    men  were   few,   but    not 
insignificant.     During    the  strike  and  lock-out,  and  the 
subsequent  introduction  of  the  Hour  System,  such  men 
as  Thomas  Hughes,  Frederic  Harrison,  J.  M.  Ludlow, 
Dr.  Congreve,  Professor  Beesly,  Professor  Charles  Neate, 
Professor   Cairnes,   John   Stuart   Mill,   and   many  others 
supported   the  men,  and  thus  took  the    sting    out    the 
philippics  against  the  leaders. 

2.  Origin  of  the  Nine  Hours'  Movement. — The  idea  of 
initiating  a  movement  for  the  reduction  of  the  hours  of 
labour  originated  with  the  London  masons  in  1853.     It 
made  slow  headway,  but  it  was  constantly  kept  to  the 
front,  and  was  often  referred  to  at  anniversaries,  suppers, 


STRIKES   IN   THE   SIXTIES  129 

and  such  like  functions  as  a  thing  to  be  aimed  at  and 
striven  for.  In  1857  the  carpenters  and  joiners  of 
London  took  up  the  question,  and  in  the  autumn  of  that 
year,  a  delegate  meeting  was  called  of  representatives  of 
the  then  local  unions  and  of  some  fifty  from  the  leading 
building  firms  to  consider  the  question.  On  January  12, 
1858,  it  was  resolved  to  act,  and  on  June  23,  1858,  an 
aggregate  meeting  was  held  in  Exeter  Hall,  when  it 
was  unanimously  agreed  "to  agitate  for  the  reduction  of 
the  working  hours  to  nine  per  day."  Thereafter  the 
agitation  was  known  as  the  Nine  Hours'  Movement. 
The  bricklayers,  masons,  plasterers,  and  painters  soon  gave 
in  their  adhesion,  and  deputations  were  appointed  to  wait 
upon  the  master  builders,  to  urge  the  concession  of 
4J  hours  per  week,  leaving  work  on  the  first  five  days  at 
five  o'clock,  instead  of  5.30  as  was  then  the  practice. 
As  a  rule  the  deputations  were  either  rudely  answered, 
or  the  letters  requesting  an  interview  were  treated  with 
silent  contempt.  This  was  not  an  unusual  thing  at  that 
date.  But  some  of  the  employers  went  further — they 
discharged  men  in  their  employ  who  formed  part  of  the 
deputation.  This  was  done  in  several  instances  before 
the  operatives  decided  to  retaliate.  Dismissal  was  not 
uncommon  in  cases  where  a  man  became  the  spokesman 
for  his  fellows.  The  man  selected  to  represent  his  co- 
workers  was  usually  a  marked  man,  and  if  he  were  not 
discharged,  he  was  driven  to  the  extremity  of  leaving  by 
annoyances  which  unsympathetic  foremen  knew  how  to 
inflict. 

3.  Strike  at  Messrs.  Trollope  s. — Retaliation  was  pre- 
cipitated by  the  action  of  Messrs.  Trollope  and  Sons, 
Pimlico.  A  deputation  of  their  own  men  waited  upon 
the  firm  to  respectfully  urge  them  to  concede  the  nine 
hours.  A  prominent  member  of  that  deputation  was 
a  much  respected  member  of  the  Masons'  Society,  and 
this  man  Messrs.  Trollope  at  once  discharged.  There- 
upon (July  2  ist)  all  the  masons  at  Messrs.  Trollope's 
job  at  Knightsbridge  resolved  to  strike,  unless  the 
dismissed  man  was  reinstated.  The  firm  refused  to 


10 


130  LABOUR  LEGISLATION 

reinstate  him.  Then  the  carpenters  and  joiners,  brick- 
layers, plasterers,  painters,  labourers,  &c.,  made  common 
cause  with  the  masons,  and  struck  work.  But  the 
demand  was  extended.  The  firm  was  not  only  asked  to 
re-employ  "  the  unjustly  discharged  mason,"  but  to 
reduce  the  working  hours  to  nine  per  day.  Both 
demands  were  refused,  and  the  strike  became  general  on 
July  25,  1859. 

4.  Constitution     of     Conference     of    Trades. — It     was 
apparent    soon    that  the  struggle   would   be    severe   and 
prolonged.     The   principal    master    builders   of   London 
made  common  cause  with   Messrs.   Trollope,   endorsing 
their  action  as  to  the  discharge  of  the  men's  representative 
as  well  as  their  refusal  to  grant  the  nine  hours.     The 
building  operatives  had   also    made    common    cause.     It 
was  resolved  to  constitute  a  general  committee  of  all  the 
branches    of     the    building     trades    by     the    name     of 
"Conference  of  the  Building  Trades."     Here,  then,  were 
two  great  industrial  forces  in  conflict — the  master  builders 
of     London     in     association,    and    the    whole    of    the 
operatives  in  all  branches    of  the    building    trades,    the 
various  unions  of  which  were  represented  at  the  central 
body    termed    a    "  Conference."     Each    union    managed 
its   own   affairs,  and    supported  its   own   men,  the   con- 
tributions by  the  Conference  were  extra,  being  in  addition 
to  the  strike  pay  of  the  several  unions. 

5.  Lock-out  of  Operatives. — In  order  to  defeat  the  men 
and   cause   a    withdrawal  of  their  demands,   the   master 
builders'   Central  Association  declared  a  lock-out,  which 
took  place  on  August    6,   1859.     The  total  number  of 
building    firms    which    closed    their    establishments   was 
225,  the  total  number  of  men  participating  in  the  first 
Conference     dividend     was     9,812.     But     there      were 
many   hundreds    of    men    who    never    applied    to    the 
Conference  for  assistance,  some  being  supported  by  their 
own  unions,  and  some  not,  many  being  non-society  men. 
The  highest  rate  paid  by  the  Conference  in  any  one  week 
was  6s.  per  head,  the  lowest   is.  id.  per  head.     But  the 
Conference    did    much   more   than   merely   collect   and 


STRIKES   IN   THE   SIXTIES  131 

distribute  funds  ;  it  organised  meetings,  sent  deputations 
to  all  parts  of  the  country,  and  prevented,  as  far  as 
possible,  an  influx  of  operatives  from  country  towns  and 
villages  to  take  the  place  of  those  locked  out  It  was  the 
propagandist  body  of  the  Nine  Hours'  Movement. 

6.  "The    Odious   Document" — The    Master    Builders' 
Central    Association,    in    deciding    upon    the    lock-out, 
introduced    a    new  element,   known  at  the  time  as  the 
"  Odious  Document,"  which  was  "  a  written  pledge,"  by 
the  operative,  "  not  to  belong  to  any  society  which  in  any 
way,  directly  or  indirectly,  interfered  with  the    rate    of 
remuneration,  the  hours  of  work,  or  any  other  arrange- 
ment   between    employer    and    employed."     Thus   the 
struggle  was  no  longer  one  for  the  reinstatement  of  a 
discharged  man,  or  a  question  of  Nine  Hours,  but  really 
involved  the  right  of  association  on  the  part  of  the  men. 
The   master  builders  reserved   the    right    to    have    their 
Central   Association,    but   denied    to   the  operatives  the 
right  to  be  members  of  trades  unions.     In  this  case,  once 
again,  vaulting    ambition    o'erleaped    itself.     The    effect 
was  to  strengthen  the  unions,  not  to  weaken  them. 

7.  Abandonment  of  the  Document. — The  master  builders 
were   astute    in   their   action,   and  it   served  a  purpose ; 
but  it  was  not   defensible.     Conbinations  were  declared 
to  be  lawful  by  statute,  so  long  as  the  members  thereof 
did  not  violate  the  conditions  imposed.     In  this  instance 
no   overt   act    was   alleged.     The    condemnation  of  the 
Document    was    so    pronounced   that,  in    a  short  time, 
it  was  changed  from  a  "  written  pledge  "to  a  "  declara- 
tion "    not  to  belong  to  a   union,    given    verbally.     In 
order    to    defeat    the    Document,    the    Conference,    on 
November    9,     1859,    ordered    the    strike    at    Messrs. 
Trollope's  to  be  withdrawn.     The  original  demands  being 
annulled,  the  struggle  was  concentrated  upon  the  with- 
drawal of  the  "  Odious  Document,"  and  financial  assistance 
was  liberally  given  by  the  trade  unions  of  the  country 
to  that  end — the  Amalgamated  Society  of  Engineers  alone 
contributed  nearly  £3,500,  £3,000  of  which  came  from 
the  central  office  in  London.     The  engineers  had  passed 


132  LABOUR   LEGISLATION 

through  a  similar  experience  in  1852,  and  therefore  their 
sympathy  and  support  was  given.  On  February  7,  1860, 
the  Central  Association  of  Master  Builders  agreed  to 
the  "  unconditional  abandonment "  of  the  Document 
and  Declaration. 

8.  Cost   of  the    Struggle. — The    total    receipts    by  the 
"  Conference    of    the    United     Building    Trades "    was 
£23,065    6s.    6d.,   the   total  expenditure,  as  per  balance 
sheet,     dated     the     yth     day     of     May,      1860,     was 
£22,747    2s.    iod.,    leaving     a     balance     in     hand     of 
£318    33.    8d.,  which  balance   was    further    reduced   by 
subsequent  expenditure  connected  with  the   dispute    and 
matters    arising    therefrom.     This    first    great    strike    to 
reduce  the  working  hours  failed,  as  did  the  employers' 
efforts  to  break  up  the  unions.     All  efforts  at  conciliation 
failed,  and  those  who  suggested  it  were  roundly  abused 
by  employers  and  generally  in  the  Press. 

9.  The  Hour  System  and  Saturday  Half-Holiday. — The 
termination  of  the  strike  at  Messrs.  Trollope's,  and  the 
subsequent  ending  of  the   lock-out,   by  the  withdrawal 
of  the  Document  and  Declaration,  did  not  finally  dispose 
of     the     dispute.     "  The     Master     Builders'      Central 
Association  "  devised  a  method  of  paying  by  the  hour, 
so   as  to  get  rid  of  the   agitation  for  a  nine-hours'  day. 
The  recognised  trade-union  rate  of  wages  per  day  was  so 
adjusted   as  to   fit  in  with  the  hour  system  of  payment, 
the  actual  sum  being  a  fraction  over  the  old  rate  of  335. 
per  week. 

10.  Strike   Against   the    Hour    System. — The    building 
operatives    of    London    did    not    take    kindly    to    the 
innovation.     The  system  of  weekly  hiring  was  regarded 
as  a  safeguard,   even   when    it    had    practically  changed, 
in   practice,  to  hiring   by  the  day.     The  Hour  System 
meant  dismissal  at  an  hour's  notice,  in  any  part  of  the 
day,  at  a  time  when  it  would  be  impossible  to  get  another 
job  to  make  up  the  full  day's  wage.      It  was   therefore 
determined  to  resist  the  proposed  change,  and  a  strike  on 
a  large  scale  was  resolved  upon.     Each   branch   in  the 
building  trades  conducted  its  own  affairs  in  this  instance, 


STRIKES   IN   THE   SIXTIES  133 

without  the  aid  of  the  "  Conference  of  the  United 
Building  Trades,"  or  any  other  central  committee  on 
a  similar  basis.  But  the  leaders  were  in  frequent  con- 
sultation, and,  generally  speaking,  all  sections  worked 
on  the  same  lines.  In  this  case  there  was  no  lock-out  ; 
each  employer  endeavoured  to  find  men  as  best  he  could  ; 
but  the  "Employers'  Central  Association"  did  all  it  could 
to  obtain  men  from  the  provinces,  and  even  from  the 
Continent,  to  fill  the  places  of  those  on  strike. 

1 1.  Reduction  of  Hours  on  Saturday. — The  strike  against 
the   Hour  System  was    a    prolonged    one,  all    through 
1 86 1,  and  part  of  the  year  1862.     Indeed,  it  was  never 
formally  abandoned,  but  it  came  to  an  end  by  a  concession 
on  the  part   of  the  employers,  and  the  men    gradually 
resumed  work.     The  employers  gave  what  they  called  a 
"  Saturday  half-holiday  "  by  ceasing  work  at  one  o'clock 
on    Saturdays,  instead    of  4    p.m.     In    reality  it  was    a 
concession   of  two  hours,  for  the  men  worked  through 
what  had  previously  been  the  dinner  hour,  from  twelve  to 
one  o'clock.    Thus  out  of  the  4^  hours'  reduction  claimed 
by  the  operatives  in   1859-60  two  hours  were  conceded, 
the  wages    being  again    readjusted    at  per  hour,  so  that 
there  was  no  real  loss  on  the  recognised  weekly  wages  of 
the  men.     Subsequently  the  employers  agreed  to  twelve 
o'clock  on  Saturdays,  making  the  concession  three  hours 
instead  of  two,  with  another  readjustment,  involving  no 
loss  in  wages. 

12.  End   of    the    Strike,    and  Results. — The    struggle 
against  the  Hour  System  was  as  bitter  as  it  was  prolonged. 
The  leaders  were  persecuted  and  refused  work  for  a  long 
period  afterwards,  but  gradually  the  resentment  died  out. 
The  anticipated  evils  of  the  new  system  were  not  so  great 
as  expected,  nor,  perhaps,  were  the  benefits  to  employers 
such   as  they  expected     The   cost  and  suffering    by  the 
contests    in    the    building  trades,    1859-62,  were   great. 
The  losses  to  employers  and,  in  wages,  to  the   men  were 
enormous.     The  economical  advantages  may,  in  the  long 
run,   have  compensated  the   men,  for    the    Nine  Hours' 
movement  was  the  starting-point  for  other  movements, 


134  LABOUR   LEGISLATION 

some   of  which  have  left  their  mark  on  the  political  as 
well  as  the  industrial  history  of  this  country. 

1 3 .  Nine  Hours    Conference  at  Derby. — As  an  outcome 
of  the  strike  and   lock-out   in    the    building    trades    of 
London,  a  Conference  of  representatives  of  the  various 
trade    unions  of  the  United    Kingdom    connected  with 
the  several  branches  of  those  trades  was  arranged  in  the 
autumn    of   1860.     The    Conference    met  in  Derby  on 
January  i,  1861,  and  lasted  the  whole  week.     The  result 
of  that   Conference  was  the  formation  of  the  "  United 
Kingdom  Association  for  shortening  the  Hours  of  Labour 
in   the   Building  Trades."     The  above  title  was  chosen 
because   some    branches    of    these    trades    preferred    the 
Saturday  half-holiday  to  the  shortening  by  half  an  hour 
the  other  five  working    days  in  the  week.     The    Con- 
ference was    unanimously  in  favour  of  the  "  short-hour 
movement/'  and    only  slightly  differed  as  to  the    Nine 
Hours     or     the      Saturday     Half-holiday.     The      new 
association    failed    to    evoke    the  requisite    support,   and 
consequently    was    short-lived.       Perhaps    the    principal 
cause    of  its  failure  was  the   introduction  of  the    Hour 
System  in    1861,  and  with  it,  later,  the  adoption  of  the 
Saturday  Half-holiday,  which  ended  the  dispute. 

14.  Concerted  Action    by   Labour  Leaders. — The   most 
important  result  of  the  Derby  Conference  of  1861  was 
the    bringing    together    of  the    more    prominent    labour 
leaders  in  the  several  branches  of  the  building  trades.     It 
paved  the  way  for  concerted  action  in  various  movements 
which  sprung  out  of,  so  to  speak,  the  agitation  for  the 
Nine    Hours  :    the    Conference  of  the   United  Building 
Trades  and  the  delegate  meetings  of  other  trades  held  in 
London  in  the  autumn  of  1859  and  the  winter  of  1860. 
The  Conference  was  convened  by  the  "  Executive  Council 
of  the  United  Building  Trades,"  which  continued  to  meet 
during  the  dispute  as  to  the  Hour  System. 

15.  The  London  Trades'  Council. — Another  direct  out- 
come of  the   Nine  Hours'  Movement  was  the  establish- 
ment of  the  London  Trades'  Council.     The  delegates  of 
trade  unions  not  connected  with  the  building  trades  met 


STRIKES   IN   THE   SIXTIES  135 

weekly  in  Aldersgate,  quite  apart  from  the  "  Conference 
of  the  United  Building  Trades,"  and  towards  their  close 
it  was  suggested  that  those  weekly  meetings  should  not 
cease,  without  an  effort  to  constitute  a  permanent  body. 
Later  on  a  proposal  was  made  to  that  effect,  which  was 
adopted.  A  preliminary  committee  was  appointed  to 
consider  the  subject,  and  to  report  thereon.  They 
reported  in  favour  of  a  London  Trades'  Council,  the  first 
members  of  which  were  appointed  fro.  tern.,  and  also  a 
secretary.  The  trade  unions  that  responded  elected  their 
delegates,  and  a  meeting  was  called  at  the  Bell  Inn,  Old 
Bailey,  when  the  Council  was  constituted.  When 
established  the  present  writer  was  selected  the  first 
secretary  to  the  London  Trades'  Council  in  1860,  which 
Council  has  continued  to  exist,  without  a  break,  to  the 
present  time.  The  first  work  of  the  new  Council  was  the 
publication  of  a  "  Trade  Union  Directory,"  compiled 
mainly  by  William  Burn,  a  shoemaker,  and  prominent 
trade  unionist  of  that  day.  The  "  Directory  "  was  not 
complete,  but  it  was  a  marvellous  production  as  a  first 
effort,  and  was  found  to  be  extremely  useful.  The 
London  Trades'  Council  has  had  a  checkered  career.  Its 
first  secretary  was  unpaid  ;  its  second — George  Odger — 
was  voted  half-a-crown  per  week,  which  was  not  always 
paid.  The  third  secretary,  Mr.  George  Shipton,  managed 
to  get  it  into  a  better  financial  position  ;  the  Council  paid 
the  arrears  due  to  George  Odger,  and  his  own  salary  was 
increased  from  time  to  time  until  it  reached  the  modest 
competency  of  £150  a  year.  Mr.  James  Macdonald,  the 
present  secretary,  is  paid  the  same  amount  ;  he  is  the 
fourth  secretary  in  forty-two  years. 


CHAPTER   XVI 

LABOUR     AND     POLITICAL     MOVEMENTS  ;      STRIKES     AND 
LEGISLATION    IN    THE    SIXTIES. II. 

r  I  ^HERE  is  a  seedtime  and  the  harvest.  In  some 
cases  the  harvest  lingers  ;  in  others  it  comes 
quickly,  according  to  the  nature  of  the  crop,  and  also  of 
circumstances — climate,  nature  of  the  soil,  character  of  the 
seed,  &c. — pertaining  to  its  development,  growth,  and 
maturity.  In  public  movements  and  legislation  it  is  the 
same.  Sometimes  fructification  is  early  ;  the  fruit  ripens 
quickly  ;  it  is  ready  for  gathering  almost  before  its  full 
maturity.  This  was  the  case  in  the  sixties  as  regards 
some  matters  affecting  the  masses  ;  but  the  ground  had 
been  cleared  and  tilled  previously,  and  was  therefore 
prepared  to  yield,  should  the  season  prove  auspicious  and 
the  husbandman  capable. 

i.  Bakers  and  the  Bakehouses. — The  making  and  sale 
of  bread  had  long  been  subject  to  legislative  regulation, 
but  it  had  reference  mainly  to  quality  and  weight.  In 
1821  a  General  Act  was  passed,  but,  for  some  reason  or 
another,  it  became  inoperative.  In  1822  was  passed  the 
3  Geo.  IV.,  c.  1 06,  in  §  16  of  which  provision  was  made 
as  to  the  hours  of  journeymen  in  the  metropolis  on 
Sundays.  The  amended  Act  in  1835,  t^ie  ^  an^  7 
Wm.  IV.,  c.  37,  applied  its  provisions  to  the  entire 
country,  except  Ireland  ;  the  latter  was  included  by  i  &  2 
Viet.,  c.  28,  in  1837-8.  The  operation  of  those  enact- 

136 


STRIKES   IN   THE   SIXTIES  137 

ments  mainly  depended  upon  the  "  common  informer," 
who  was  as  objectionable  to  the  journeymen  as  to  the 
masters.  The  provisions  of  the  Acts  were  therefore 
infringed  with  impunity. 

2.  Bakehouses  Regulation  Act>  1863. — The  Acts  were 
again    in    danger    of    becoming    a    dead    letter.     The 
employers  constantly  set  at  naught  the  provisions  as  to 
Sunday  work  ;  the  journeyman  bakers  thereupon  took  the 
matter  up,  and  several  prosecutions  were  instituted,  not 
always  with  good  results.     The  Association  of  Journey- 
men Bakers,  however,  did  not  allow  the  matter  to  drop, 
and,  as  a  result  of  their  agitation  and  inquiry,  the  Bake- 
houses Regulation  Act,  1863,  was  passed.  (26  &  27  Viet., 
c.  40).     By  §  3  of  that  Act  the  hours  of  working  for  all 
persons  under  eighteen  years  of  age  were  regulated,  and 
provision    was    made    as    to    sanitation,   ventilation,    and 
sleeping    (§§  4    &    5).     By  §  6  the    local    authority  was 
empowered  to  enforce  the  provisions  of  the  Act. 

3.  Parliamentary    Inquiry    and    its    Results. — In    con- 
sequence of  the  laxity  of  the  local  authorities  in  enforcing 
the  Act,  great  complaints  were  made  by  the  journeyman 
bakers,    and    a    return    was    ordered    by    the    House    of 
Commons.     In  1865   Mr.  Tremenhere  was  appointed  to 
inquire  and  report  upon  the  working  of  the  Bakehouses 
Regulation   Act,    1863.     His  report    fully  justified    the 
complaints  made,  more  especially  in  the  metropolis.     In 
other  large  towns    it  was  said   that  the  provisions  were 
fairly    complied    with.      The    reports    as    to    London, 
particularly  that  of  Dr.  Ballard,  showed  that  many  of  the 
bakehouses  were  so  filthy  as  to  impair  the  purity  of  the 
bread  baked  therein,  besides  being  injurious  to  the  health 
of  the  workers. 

4.  Inspection,  and  Newer  Measures. — The  result  of  the 
investigation    and    reports  was    that    the  Act  was    more 
vigorously    enforced,    at    least     in     places.      Power     of 
inspection  was  given  to  medical  officers  of  health,  but  the 
Journeymen's  Society,  representing   13,000  men,  declared 
that  inspection  was  comparatively  rare.     However,  their 
action,  supported  to  some  extent  by  the  public,  caused  a 


138  LABOUR   LEGISLATION 

stir,  and  inspection  became  more  general  and  effective. 
Bakers  and  bakehouses  are  now  under  other  Acts 
relating  to  public  health,  buildings,  factories,  and 
nuisances  as  regards  smoke. 

5.  Coalminers  —  Position  and    Condition. — The    mining 
population  of  Great  Britain  had  done  little  in  the  way  of 
organisation    during    the    first    half    of    the    nineteenth 
century,  but  something  had  been  done.     Such  unions  as 
they  had  were  local,  and  the  mineowners  took  care,  as  far 
as  possible,  to  render  these  innocuous   by  compelling  the 
miners  to  contribute  to  the  "  benefit  clubs  "  established  in 
connection  with  the  collieries.     In  numerous  instances  the 
coal-pits    were    in    outlying    districts — pit    villages — the 
workers  occupying  owners'  houses  or  tenements,  so  that 
they  were  very  much  under  the  thumb  of  the  mineowner, 
or  what,   in   many  cases,  was  much   worse,  that   of  the 
manager  or  overlooker.     At  collieries  near  the  towns  they 
were  not  much  better  off.     In  general  the  pitmen  of  the 
better  sort  gave  more  attention  to  religious  bodies  than 
they  did  to    industrial    organisation.     Occasionally  they 
acted  together  on  a  large  scale,  but  mostly  for  temporary 
purposes  only. 

6.  National   Miners"   Conference,    1863. — Early    in  the 
sixties  some  of  their  leaders  thought  it  time  to  effectually 
organise  the  men,  not  only  in  districts,  but  nationally,  for 
the  purposes  of  united   action,   especially  in   matters  of 
legislation.     The  result  of  their  agitation  was  the  Leeds 
Conference,  November  9th  to  I4th,  inclusive,  1863.     The 
prime    mover  in    that  conference  was  John   Holmes,  of 
Methley.     Among    the     other    notable    men    at     that 
Conference  were  Alexander  Macdonald,  William  Pickard, 
of  Wigan,  Thomas  Halliday,  William    Crawford,  John 
Normansell,    William    Brown,    Richard    Mitchell,    and 
Rev.    J.    R.    Stephens,    who    acted    as    chaplain    to    the 
Conference.     Representatives  of  a  newspaper    called  The 
Miner  were  also  present  at  the  Conference,  and  spoke  ; 
but  as  they  were  not  delegates  they  were  not  allowed  to 
vote. 

7.  Formation  of  National    Union, — It  was  decided  to 


STRIKES   IN   THE   SIXTIES  139 

establish  a  "  National  Association  of  Miners  of  Great 
Britain,"  to  include  ironstone  miners  and  others,  as  well 
as  coalminers.  The  "transactions"  of  that  conference 
were  fully  reported,  and  they  read  curiously  by  the  light 
of  the  Mines  Regulation  Acts  and  other  Acts  of  the  last 
thirty  years.  The  position  of  the  miners  and  the  legisla- 
tion demanded  on  their  behalf  are  fully  set  forth  in  that 
report.  The  resolutions  dealt  with  accidents  in  mines, 
the  Truck  Act  as  then  in  force,  registration  of  the 
weight  of  coal  raised,  employment  of  women  at  the  pit- 
banks,  some  illustrations  from  photographs  of  women 
so  employed  at  Wigan  being  given.  The  local 
reports  presented  dealt  generally  with  the  condition 
of  working  miners  in  most  of  the  chief  districts  of  the 
country. 

8.  Results  of  Miners'    Combinations. — It  is  not  an  ex- 
aggeration to  say  that  the  miners  of  the  United  Kingdom 
owe  much  of  the  legislation  of  the  last  thirty  years  to  the 
Leeds  Conference  of   1863.     The  National  Association 
did    not  become  a  permanent    institution,   but  it  lasted 
long  enough  to  see  the  Mines  Regulation  Acts  of  1872 
passed   and  to  convene  another  National  Conference  at 
Leeds,    November     18    to    22,     1873.      The    National 
Association  of  the  Unions  of  Durham  and  Northumber- 
land,   the    Amalgamated    Union    of    Miners,    the   large 
unions    of  Yorkshire,    Cleveland,    Lancashire,    those    in 
the  Midlands,  South  Wales,  and  in  Scotland  carried  on 
the  work  began  in  the  sixties.     The  National  Federation 
of  Miners  now  represents  nearly  all  the  coalfields  except 
Durham    and    Northumberland.     The  outcome  of  their 
labours  is    that  the    miners    have  won  a  foremost    place 
in  the  industrial  world  as  regards  legislation  and  general 
conditions  of  employment. 

9.  Labour    Leaders   and  Political    Movements. — The 
Nine    Hours'     Movement,    the    Conference    thereon    at 
Derby,    and    the    establishment    of  the  London  Trades7 
Council,   had    prepared   the  way  for  co-operative  action 
in    other    movements — political    and    social    as    well    as 
industrial — by  the  labour  leaders  thus  brought  together. 


140  LABOUR   LEGISLATION 

It  is  well  known  that  trade  unions,  as  a  rule,  exclude 
party  politics  and  religious  sectarian  questions  from  their 
executives,  councils,  and  lodges  or  branches.  The  rule 
is  not  invariable,  for  in  some  cases  they,  notably  the 
Shoemakers  in  London,  often  joined  in  public  political 

^movements  by  the  votes  of  the  members.  This  was  so  in 
the  early  sixties  by  both  sections  into  which  the  shoemaking 
trade  was  divided.  George  Odger  was  often  delegated 
to  attend  conferences  and  meetings  on  their  behalf.  The 
Labour  leaders  of  forty  years  ago  were  almost  wholly 
Radical.  Many  of  them  had  been  associated  with  the 
Chartist  body  and  with  international  democratic  mo/e- 
ments  carried  on  in  this  country.  They  were  therefore 
prepared  by  mutual  sympathy  and  sentiment,  by  political 

-^conviction  and  prior  association,  to  form  new  combina- 
tions for  advancing  old  causes — political  freedom,  citizens*     , 

'  rights,  even-handed  justice,  and  industrial  amelioration —    A 
in  other  words,  the  rights  of  labour.  p 

10.  (a)  Italian  Freedom  and  Unity. — One  of  the  earliest ' 
movements  which  brought  those  men  together  was  the 
struggle  to  free  Italy  from  Austria's  yoke  in  1859-60. 
Mazzini  was  known  personally  to  many  of  us  ;  Garibaldi 
soon  became  an  idol.  Nearly  all  of  the  more  prominent 
men  in  labour  movements  favoured  the  Italian  crusade  ; 
those  who  took  the  other  side  were  mostly  Irishmen. 
At  the  meetings  held  in  Hyde  Park  it  was  no  unusual 
thing  to  see  the  London  artisans  and  the  labourers  who 
"  served  "  them  in  an  apparently  deadly  conflict  for  pos- 
session of  the  "  mound  "  which  served  as  a  platform  ere 
the  Reform  League  consecrated  what  was  known  as  the 
"  Reformers'  Tree."  British  workmen  aided,  by  sym- 
pathy and  support,  that  great,  and  on  the  whole  success- 
ful, struggle  for  Italian  freedom  and  unity.  The  London 
workmen  made  memorable  the  Italian  Liberator's  visit  to 
the  metropolis  by  their  magnificent  reception  at  the 
Nine  Elms  Station,  whence  they  escorted  him  to  Stafford 
House.  In  the  attempt  to  gag  him  while  here  and  to 
hustle  him  out  of  the  country,  with  much  courtesy  but 
all  speed,  their  protests  were  loud  and  strong.  I  venture 


STRIKES   IN   THE   SIXTIES  141 

to  say  in  this  connection  that  the  enthusiasm  of  the 
British  workmen  helped  our  Foreign  Office  to  disregard 
both  Austrian  and  French  diplomacy,  and  also  the  in- 
fluence of  the  Vatican.  The  interest  of  British  workmen 
in  that  struggle  continued  until  the  hopes  of  Italian 
patriots  were  realised  by  making  Rome  the  seat  of 
government. 

n.  (£)  Hungary's  Struggle  for  Independence. — The 
fervour  in  favour  of  Hungary  at  that  date  was  not 
equal  to  that  evoked  for  Italy,  but  it  was  none  the  less 
real.  The  question  of  "independence"  had  indeed  entered 
into  another  phase  since  the  events  of  1848-9.  In  1859 
Kossuth  had  spoken  at  a  great  non-intervention  meeting 
in  the  City  of  London  with  the  Lord  Mayor  in  the  chair, 
the  war  then  being  between  Austria  and  Italy,  the  French 
supporting  the  latter.  Kossuth  spoke  at  other  meetings, 
and  everywhere  was  enthusiastically  received.  With  this 
movement  also  the  labour  leaders  of  that  date  were 
in  full  sympathy.1 

12.  (c)  'The  American  Civil  War, — With  almost  singular 
unanimity  British  workmen  took  the  side  of  the  North 
as  against  the  South,  in  the  great  American  Civil  War. 
At  first,  after  the  secession  of  South  Carolina,  December 
20,  1859,  there  were  a  few  waverers,  and  others  were 
inclined  to  waver,  mainly  on  the  ground  of  an  alleged 
constitutional  right  of  secession,  supposed  to  have  been 
reserved  to  the  several  States  in  the  constitution  of  the 
Federal  Union.  But  the  keynote  had  been  struck  earlier 
by  John  Brown  at  Harper's  Ferry  on  October  16,  1859. 
It  was  regarded  as  a  struggle  for  the  abolition  of  slavery, 
and  the  election  of  Abraham  Lincoln  on  November  6, 
1860,  confirmed  that  view.  In  spite  of  some  initial 
difficulties  most  of  the  working  classes  were  in  favour 
of  the  North,  of  freedom  as  against  slavery,  and  no 
more  notable  page  exists  in  British  history  than  the 
record  of  the  self-sacrificing  heroism  of  the  cotton 
operatives  of  Lancashire.  All  sections  of  British  work- 

1  I  was  present  at  the  great  meeting  in  the  London  Tavern,  and 
shall  never  forget  the  outburst  of  enthusiasm. 


142  LABOUR   LEGISLATION 

men   suffered   more  or  less  by  depression  in  trade,  but 
Lancashire  suffered  most,  and  suffered  bravely. 

13.  Anti-Slavery      Movements. — The      Emancipation 
Society,  and    other    bodies   having   similar    objects,    had 
long    kept    the    question     before    the     British    public. 
"  Uncle  Tom's  Cabin "  had  been  read    by  hundreds  of 
thousands,   and    the  dramatic  version   of  it   had  turned 
theatres  into  places  of  grief,  where  sobs  and  tears  were 
almost  universal  in  pit  and  gallery — even  in  the  boxes. 
The  effect  of  all  this,  and  of  the  efforts  of  abolitionists  in 
the  States  and  elsewhere,  were   not  lost.     But  the  one 
great  fillip  given  to  the  movement  in  England  at  that 
time  was  the  publication  of  an  "  Address  "  to  the  working 
classes,  prepared  and  issued  by  Messrs.  Odger,  Cremer, 
and  Ho  well  at  the  outbreak  of  the  war,  and  circulated 
throughout  the  country.1 

14.  Great  meetings  were  held  in  London  and  through- 
out the  provinces.     The  two  most  memorable  in  London 
were  the  notable  meeting  in  St.  James's  Hall,  over  which 
John    Bright    presided,    March    26,    1863,    and    one    in 
Exeter  Hall  later  on.     Mr.   Bright  also  addressed  two 
great    meetings    at    Rochdale,    one    at  Birmingham,  two 
others  in  London  ;    and    he   also   spoke    in  the    House 
of  Commons,  June  30,    1863.     Lancashire  deserves  the 
greatest   credit    for  its    practical  sympathy  and    support 
of  the    North    in    that   great    struggle.     The  solid   and 
enthusiastic  adherence  to  the  cause  of  freedom  on  that 
occasion   by   the   masses  of  our   people  prevented  what, 
apparently,  was   at  one  time  contemplated  by  the  then 
Government — the  recognition  of  the  Southern  States  as 
a   de   facto    government,    thereby    alienating    the    great 
Republic  of  the  West. 

15.  (d}  Parliamentary  Reform. — The  activity  of  the  more 
prominent  working-class  leaders  in  the  movements  men- 
tioned and  others  brought  them  into  close  personal  contact 
with  many  eminent  public  men,  statesmen  and  politicians, 
political  economists,  and  other  publicists,  and  men  of  the 

1  That  Address  was  written  by  me  ;  it  was  revised  jointly,  and  sent 
to  the  newspapers. 


STRIKES   IN   THE   SIXTIES  143 

wealthier  classes  whose  sympathies  were  more  or  less  with 
the  people,  some  in  one  way,  some  in  another.  Among 
those  indicated  may  be  mentioned  Messrs.  Bright  and 
Cobden,  John  Stuart  Mill,  Professor  Cairnes,  Professor 
Goldwin  Smith,  Professor  J.  E.  T.  Rogers,  Professor 
Beesly,  Dr.  Congreve,  Frederic  Harrison,  Thomas 
Hughes,  J.  M.  Ludlow,  T.  B.  Potter,  and  numerous 
others,  and  to  some  extent  also  with  Ministers  of  the 
Crown — Lord  John  Russell,  Lord  Palmerstone,  Mr. 
W.  E.  Gladstone,  and  others  of  their  colleagues.  The 
relations  thus  created  did  not  end  with  the  movements 
mentioned. 

1 6.  Agitation  for   the    Franchise. — Among   the   many/ 
questions    frequently    discussed    by    the    band    of    men} 
brought  together   in    London    by  the  labour  and  other/ 
movements  alluded  to  was  the  subject  of  electoral  reform.| 
The  Chartist   body,   as  an    organisation,  was  practically 
dead,  though  local  sections  still  existed  and  held  meetings 
from  time  to  time.     The  subject,  however,  was  not  lost 
sight  of,  and  efforts  were  made  to  infuse  new  life  into  the 
movement    for   Parliamentary  reform.     Mr.  Bright  and  \ 
Mr.     Locke-King     in    Parliament,    and    others    outside,  ) 
sought  to  revive  an  interest  in  the  question,  and  were./ 
so  far  successful  that  Mr.  Disraeli  was  induced  to  try  his 
hand  at  a   Reform   Bill,  which  he  introduced  on   Feb- 
ruary   28,    1859.      His    attempt    brought    Lord    John 
Russell    to    the    front    again,   but    both    the  Bill  of  the 
former  and  the  resolution  of  the  latter  suffered  defeat. 
Mr.    Bright   then    propounded    a   scheme,    but   he   also 
failed.     It  was  thought,  indeed,  that  so  long  as  Palmer- 
ston  lived  further  reform  was  out  of  the  question.     In 
this  view   the  working-class    leaders  then    to    the    front 
did  not  concur — they  in  fact  resented  it  as  a  cowardly 
policy. 

17.  Meetings  in  London. — After  long  meditation  and 
discussion  it  was  resolved  to  start  another  agitation,  and 
the  "  Manhood  Suffrage  and  Vote  by  Ballot  Association  " 
was  established,  the  inaugural  meeting  in  the  Freemasons1 
Tavern  being  pronounced  a  great  success.    Several  meetings 


144  LABOUR   LEGISLATION 

were  held  in  London,  the  last  of  which  ended  in  a  sad 
tragedy — Washington  Wilks  fell  dead  on  the  platform 
during  his  speech.  This  was  at  the  St.  James's  Vestry 
Hall.  Soon  afterwards  the  leaders  were  approached  with 
the  view  of  reconstructing  the  Association  or  of  starting  a 
new  one  on  similar  lines.  The  first  proposal  was  to  sub- 
stitute "  Household  "  for  "  Manhood  "  Suffrage.  To 
this  proposal  the  leaders  would  not  listen. 

1 8.  The    Reform    League. — After    further    negotiation 
and  discussion  it  was  agreed  to  call  a  meeting  to  consider 
the  question.     The  meeting  was  held  during  1864,  when 
it  was  resolved  to  establish  the  Reform  League,  its  objects 
being  :    Registered    Residential    Manhood    Suffrage    and 
the  Ballot.     Mr.  Edmond  Beales  was  elected  president, 
and  the  present  writer  secretary    of  the   new  body.     A 
large  Council  was  elected,  and  from  them  an  executive. 
No.   8,  Adelphi  Terrace    (now   No.   9)   was    secured    as 
offices,  which  the    League  occupied  until  its  dissolution 
in   1869. 

19.  Reform  Bills,   1866   ana    1867. — This  is  not   the 
place  in  which  to  discuss  the  principles,  policy,  or  action 
of  the  Reform  League.     Hated  as  it  was  by  a  section/ 
of  the  community,  it  accomplished   most  of  the   work^ 
for  which  it  was  established,  or  so  paved  the  way  that^ 
it    was    no    longer    needed    as    an    organisation.       Mr. 
Gladstone's  Reform    Bill  of    1866    was    an    outcome    of 
its  work,  and  the  Reform  Act  of  1867  was  a  result  of 
its  labours,  while  the  Acts  of  1884-5  was  a  consequence 
thereof. 

20.  Middle-Class  Support  of  Enfranchisement. — Many 
of  the  men    who  stood  side    by  side  with    the  labour 
leaders  in   the    American  war    against    slavery,    and    in 
other   movements    mentioned,   did    not    desert    them    in 
the  reform  struggle.     It  was  thought  at  one   time  that 
Mr.    Cobden    might    become    our    president,    but    his 
lamented  and  unexpected  death  put  an  end  to  that  hope. 
Mr.  Bright  stood  by  us  to  the  last,  though  he  did  not 
fully    endorse    our    programme,    and    never  joined    the 
League.     Many  of   the  largest  subscribers  to    its  funds 


STRIKES   IN   THE   SIXTIES  145 

were  personal  friends  of  John  Bright,  given  upon  his 
recommendation.  Mr.  Samuel  Morley  was  always  a 
generous  donor,  as  were  also  Sir  Wilfrid  Lawson  (the 
present  Baronet's  father),  Sir  Titus  Salt,  Messrs. 
Thomasson,  Hargreaves,  Pennington,  P.  A.  Taylor, 
Wm.  Leaf,  and  some  members  of  Parliament  then  in 
the  House. 


ii 


CHAPTER   XVII 

LABOUR     MOVEMENTS,     STRIKES,     AND     LEGISLATION    IN 
THE    SIXTIES. III. 

ONE  other  movement,  extraneous  to  industrial 
questions,  requires  to  be  noticed  here,  not  only 
because  of  the  significance  of  the  subject  in  itself,  but 
because  it  was  the  proximate  cause  of  an  international 
endeavour  to  bring  about  what  was  then  termed  the 
"  solidarity  of  labour."  The  "  proletariat "  sought  to 
"  fraternise,"  not  only  politically,  but  socially  and  indus- 
trially, and  upon  one  subject — Poland.  There  was  such 
a  consensus  of  opinion  that  it  brought  together  men  of 
different  nationalities,  with  the  view  of  influencing 
European  Governments  to  interfere  on  behalf  of  that 
oppressed  and  unhappy  country  by  restoring  to  her 
liberty  and  self-government. 

i.  Poland  and  the  Proletariat. — Perhaps  no  country 
ever  evoked  more  general  sympathy  among  the  nations 
than  Poland.  This  sympathy  was  not  confined  to  any 
one  section  of  the  people.  It  was  voiced  in  many  ways 
— by  a  "Society  of  the  Friends  of  Poland,"  by  the 
"  Fraternal  Democrats,"  the  Polish  League,  and  by 
other  bodies.  From  1830  especially  there  was  a 
feeling  of  indignation  against  Russia  for  her  cruel  sup- 
pression of  the  revolt  at  Warsaw — a  revolt  brought  about 
by  the  illegal  acts  of  the  Grand  Duke  Constantine.  The 
Emperor's  message,  "Order  reigns  at  Warsaw,"  sent  a 
thrill  through  Europe,  for  the  peoples  understood  that 
"  order,"  as  there  mentioned,  was  the  silence  of  death, 


STRIKES   IN   THE   SIXTIES  147 

the  voicelessness  of  the  tomb.  In  the  case  of  Poland 
the  revolt  was  not  so  much  that  of  the  masses  of  the 
people,  crushed  by  tyranny  and  reduced  to  serfdom,  as 
it  was  of  the  nobles,  the  professional,  and  the  trading 
classes.  Hence  perhaps  some  of  the  widespread  sympathy. 

2.  Labour    Leaders'    Sympathy    with    the    Poles. — The 
feeling  evoked  in  1830,  and  indeed  previously,  was  kept 
alive    during    the    thirties,    forties,   and     fifties    by    the 
revolutionary   movements   on   the    continent   of   Europe 
by  the  Chartists,  Fraternal  Democrats,  by  the  "  Friends 
of  Poland,"   and   members  of  the  Polish   League.     As 
a  matter  of  fact  it  needed  little  to  keep  alive  the  resent- 
ment against  Russia  beyond  the  reports  of  her  barbarous 
methods  of  retaliation  and  cruel  methods  of  suppression. 
In   the   early  sixties  the  feeling  of  exasperation  revived, 
by  reason  of  Russia  having  declared  Poland  in  a  state  of 
siege  in  October,   1861.      This  was  more  especially  the 
case    among   sections   of    the   working    classes,    and    an 
interchange  of  views  took  place  between   some   British 
labour    leaders    and    representatives    of    the    proletariat 
in    France,    Germany,    Switzerland,    Italy,    and     other 
countries.     Meetings   were   held,    and   the   Government 
was  urged  to  interpose  on  behalf  of  the  "  downtrodden 
Poles."     So  far  as  I  can  remember — and  I  was   mixed 
up  with  this  and  all  other  similar  movements — the  British 
Government  was  not  urged  to  take  up  arms  in   behalf 
of  Poland,  but  to  use  its  influence  with  Russia,  in  order  to 
secure  some  mitigation  of  the  severity  of  her  crushing, 
tyrannical,  military  rule. 

3.  Polish    Revolt    against    Conscription. — In     January 
Russia  promulgated   an   order    of    conscription,  and   on 
the  1 4th  of  that  month  the  Poles  rose  in    revolt  against 
it.     The  object  of  conscription  was,  according  to  Lord 
Napier,   "  to  make  a  clean  sweep    of  the   revolutionary 
youth  of  Poland  ;    to  shut   up  the  most   energetic  and 
dangerous  spirits  in  the  restraints  of  the  Russian  army  ; 
to  kidnap   the  opposition,    and   carry   it   off  to    Siberia 
or    the    Caucasus."      It    is    reported    that,    on    the    first 
night   of    the    "Order,"    the   houses   in    Warsaw    were 


148  LABOUR   LEGISLATION 

entered,  and  2,500  men  were  forcibly  carried  off  to  serve. 
Next  day  thousands  took  to  flight,  and  forthwith  com- 
menced an  organised  resistance  over  the  whole  of 
Poland  against  the  decree,  a  central  committee  being 
formed  at  Warsaw  to  direct  what  was  to  be  another 
struggle  for  freedom. 

4.  Britain  s  Protest. — That  Lord  Palmerston  was 
more  or  less  in  sympathy  with  the  efforts  on  behalf  of 
Poland  is,  I  think,  well  known.  Certain  it  is  that 
he  contributed  £2  towards  the  expenses  of  a  meeting 
held  in  support  of  the  Poles  ;  but  he  was  discreet  enough 
not  to  express  any  opinion  on  the  subject  to  the  deputation 
that  waited  upon  him — in  fact  he  dexterously  avoided  the 
question  upon  that  occasion.  On  March  2nd,  1863, 
Earl  Russell  indicated  the  views  of  the  Government  in  a 
dispatch  to  the  British  Minister  at  St.  Petersburg, 
in  which  he  said  that  "  Her  Majesty's  Government 
views  with  the  deepest  concern  the  state  of  things  now 
existing  in  Poland."  He  goes  on  to  state  that  Great 
Britain's  interest  in  the  question  was  "  as  a  party  to 
the  Treaty  of  1815,  and  as  a  Power  deeply  interested 
in  the  tranquillity  of  Europe."  He  suggested  "  an  im- 
mediate and  unconditional  amnesty,"  and  the  granting  of 
"  political  and  civil  "  rights.  But  the  "  bloody  conflict," 
as  he  termed  it,  went  on,  and  on  May  3rd  the  Polish 
Central  Committee  declared  itself  a  provisional  Govern- 
ment. On  June  iyth  Earl  Russell  forwarded  to  Russia, 
through  Lord  Napier,  an  outline  of  measures  agreed  to 
by  England,  France,  and  Austria;  and  on  the  I9th  there 
was  a  discussion  in  the  House  of  Lords  concerning  the 
atrocities  committed  by  Russia  in  Poland.  On  July 
ist  Russia  replied  to  the  Joint  Note  by  refusing  to 
discuss  the  six  points  submitted,  and  on  the  2Oth  a  debate 
on  the  question  arose  in  the  House  of  Commons. 

5.  The  International  Working  Men  s  Association. — 
Those  who  imagine  that  international  trade  unionism 
is  an  invention  or  development  of  recent  date  are 
mistaken.  Efforts  were  made  in  that  direction  in  the 
thirties  and  forties;  and  early  in  1862  an  approach- 


STRIKES   IN   THE   SIXTIES  149 

ment  was  made  to    the  London  Trades  Council  by  the 
Neapolitan  Working  Men's  Association  by  an  Address, 
which  was  replied  to  in  another  Address,  written  by  me 
as  secretary    to  that  Council.     But  all  such  attempts  to 
effect    a    "  solidarity    of    labour "    failed.     I    gave    some 
reasons  for  such   failure  in  my  reply  to  the  Neapolitan 
workmen   in    1862.      The    chief  was    the    difference    in 
organisation   and    aims.      In    England    trade    unions,    I  ( 
said,  are  purely  industrial,  dealing  with  labour  ;  on  the  ) 
Continent  they    are   for  the    most   part  political,  labour  \ 
being    one   of   many  objects,  not  the  sole  object.     The  I 
difference  is  less  to-day  then  it  was  forty  years  ago,  but  it  ( 
still  undoubtedly  exists. 

6.  Events  that  Led  to  its  Formation. — The  events  relating 
to   Poland,  previously   adverted   to,  were  the  proximate 
cause   of  constituting  the  International  Working  Men's 
Association.     It  arose   out   of  the  meetings   and    action 
regarding  Poland.     But  other  events    relating  to   Italy, 
Hungary,   the   United  States,  and  the  formation  of  the 
Reform  League  contributed  to  that  event,  and  led  up  to 
it.     It  was  agreed  to  establish  the  "  International  "  at  an 
assembly  of  prominent  workers  in  the  cause  of  labour  and 
political    advancement,    held    in    the    smoke-room    of    a 
public-house  in  Long    Acre,  after  the  conclusion  of  a 
meeting  held  in   the   then    St.   Martin's    Hall.     A    pre- 
liminary committee  was  elected  to  draft  a  constitution, 
frame  rules,  and  prepare  an  Address. 

7.  Its  Objects  and  Policy. — The  essential  story  of  the 
"  International  "  has  been  told  by   me  in  the  Nineteenth 
Century    (July,     1878),   the    details    of  which    need    not 
be  repeated   here.      For   five  years  that   association  was 
regarded  with  horror  by  the  crowned  heads  of  Europe,  or 
that  impression  was  created    by  references  to  it  in    the 
Press  by  some  statesmen — British  and  Continental — and 
by  what  is  termed  "  diplomatists,"  who  are  by  no  means 
diplomatic    in    matters    relating    to    political,    social,    or 
industrial  movements.     It  was  reported  that  the  wiseacres 
who   represented  foreign   courts,  as  ambassadors  to  this 
country,  more  than  once  proposed  a  general   European 


i$o  LABOUR   LEGISLATION 

Jaw  to  suppress  the  "  International  Working  Men's 
Association."  Its  members,  especially  the  officials  and 
members  of  the  council,  were  traduced  and  denounced, 
^as  though  the  object  of  that  association  was  universal 
/revolution  by  violent  means,  even,  if  need  be,  by 
/assassination.  Pure  invention,  the  whole  of  it.  The 
assassins,  if  any  there  were,  consisted  of  the  slanderers  of 
the  founders  who  constituted  the  association  and  council 
jof  that  much  maligned  body.  They  did  not  stab  with  an 
iassassin's  knife,  but  with  the  pen — which  is  said  to  be 
(mightier  than  the  sword.  The  blow  was  struck  in  the 
dark,  behind  the  victim's  back,  probably  in  the  hope  that 
the  wound  would  rankle  and  incapacitate  the  victim,  even 
if  it  did  not  physically  kill  him.  Politically  that  was 
intended.  I  speak  as  one  who  knew  the  founders  and 
all  members  of  the  council  during  several  of  the  first 
years  of  its  existence,  and  I  declare  that  no  doctrine  was 
broached  or  proposal  made  which  could  not  have  been 
publicly  stated  on  any  English  platform  while  I  was  a 
member  of  the  council. 

8.  Its   Programme. — The  objects  of  the  International 
were  political  and  industrial.      They   embraced  all  that 

("pertains   to  citizens'   rights — civil  and  religious  liberty, 

{the  rights  of  labour,  the  fraternity  of  nations.     The  terms 

/"  proletariat  "  and  the  "  solidarity  of  labour  "  represented 

its  ideal  of  labour's  Utopia.     Higher  wages,  shorter  hours 

(.of  labour,  better  conditions  of  employment,  abolition  of 

\child  labour,  extended  education,  and  freedom  to  associate 

jfor  the  promotion  of  these  and  other  objects  constituted 

\the  main  purposes  of  the  association.     It  did  not  favour 

State  regulation  and  control  to  the  extent  now  advocated 

by  the  Social  Democratic  Federation  and  similar  bodies 

of  recent  times  ;    it  did  not  even  clamour  for  an  eight 

hours'  day   by  Act   of  Parliament.      It   pronounced    in 

favour  of  the  eight  hours  ;  but  no  resolution  of  that  body 

was  ever  passed,  so  far  as  I  know,  in  favour  of  legislation 

to  procure  and  enforce  an  eight-hour  day. 

9.  Restraining  Force   of    London    Council. — Dr.    Karl 
Marx  was  its  president,  but  some  of  the  theories  con- 


STRIKES   IN   THE   SIXTIES  151 

nected  with  his  name  were  not  then  known  to  his  col- 
leagues, and  I  am  not  sure  that  they  had  at  that  date  been 
even  propounded.     That  some  of  the  Continental  branches 
may  have  advocated  extreme  measures  is  doubtless  true. 
The  conditions  were  different.     Revolution  is  native  to 
the  soil,  as  it  were,  in  some  countries.     But  the  council  v^ 
sat  in  London  ;  its  members  were  well  known  as  peaceful  c 
men,  even  if  Radical   in   politics.     The   congresses  were 
public;  council  meetings  were  reported,  it  supported  one 
newspaper  for  that  purpose.     If  it  inspired  fear,  it  was 
because  of  the  rightfulness  of  the  avowed  objects  which  it  / 
advocated,  not  by  reason  of  its  violence  or  secret  designs.^) 

10.  Master   and  Servant   Acts. — The    first    legislative 
result  of  the  closer  collective  action  of  labour  leaders  and 
their  constituents,  the  trade  unions  of  the  country,  was 
an  amendment  of  the  Master  and  Servant  Acts  in   1867. 
The  movement  in  this  case  was  initiated  by  the  trades  of 
Glasgow,    for    reasons    that    will    appear   later    on.      On 
April   20,    1864,  a  conference  of  representatives  of  the 
organised    trades    of  Glasgow    met    at    the    Bell    Hotel, 
Trongate,  to  consider  the  laws  affecting  workmen  under 
contract  of  service  ;  at  that  meeting  an  important  Memo- 
randum   and    Statement    of  the    Law  was  presented    by 
Mr.    Strachan,    Writer    to    the    Signet,   prepared  at    the 
request  of  the  committee  of  the  trade  unions  of  Glasgow. 
The  statement  having  been  adopted,  an  Appeal  was  also 
adopted  to  be  sent  to  trade  unions  generally,  signed  by 
the  conveners,  Alex.  Campbell,  secretary ;  George  Newton, 
treasurer ;    and    A.   J.   Hunter.      Mr.   Strachan   was    re- 
quested to  draft  a  Bill,  in  order  to  have  something  tangible 
to  put  before  the  trades  of  the  United  Kingdom. 

11.  Conference  in   London. — As  a  result  of  that  con- 
ference,  and   the  subsequent   labours    of   the    committee 
elected  to  carry  on  the  work,  a  conference  of  representa- 
tives of  labour  was  held  in  London,  at  the  offices  of  the 
"  Universal    League    for    the   Welfare    of  the    Working 
Classes,"  on   May  30,   1864,  and  three  following  days. 
Among  those  present,  in  addition  to  the  delegates  from 
Glasgow,  were    George   Odger,    George   Potter,    Robert 


152  LABOUR    LEGISLATION 

Applegarth,  George  Howell,  Daniel  Guile,  T.  J.  Dunning, 
Thomas  Connolly,  Alex.  Macdonald,  Wm.  Dronfield,  and 
George  Austin,  from  Sheffield,  and  many  others.  The 
conference  passed  resolutions  on  the  subject  of  hiring 
under  the  existing  law,  and  solicited  an  interview  with  Sir 
George  Grey,  Home  Secretary,  and  Mr.  Milner  Gibson, 
the  President  of  the  Board  of  Trade. 

12.  Deputation  to  Minister. — Sir  George  Grey  replied 
that  he  was   too  busy  to  receive  a  deputation,  but  Mr. 
Milner  Gibson  consented.     After  hearing  the  views  of  the 
deputation,    he    expressed    general    concurrence    in    their 
claims.      A    conference  of  members   of  Parliament  was 
subsequently   held    in  the   Tea  Room  of  the  House  of 
Commons  to  hear  the  deputation  on  the  subject.     Those 
present  agreed  in  the  view  that  a  Bill  should  be  prepared, 
and  Mr.  Cobbett,  M.P.,  consented  to  take  charge  of  such 
Bill.     A   number   of  members    promised   to   support    it, 
among  others  Messrs.  Sheriden,  Williams,  Locke,  Ayrton, 
Cox,     Beecroft,    Denman,    Solomons,    Kinnaird,    Black, 
Hadfrid,    Roebuck,    Taylor,    Forester,    Jackson,     Lord 
Fermoy,  and  several  others. 

13.  London     Conference^    1867. — The   report    of    that 
conference  was  issued  on  June  18,  1864.     The  committee 
continued  their  work  quietly  and  perseveringly,  but  made 
little  headway  until  1867.     In  March  of  that  year  a  con- 
ference was   held   in   St.   Martin's  Hall,  London,  called 
together   in   consequence   of  a  decision  in  the  Court   of- 
Queen's  Bench,  and  with  the  view  of  supporting  the  Bill 
before  Parliament,  then  in  charge  of  Mr.  Charles  Neate. 
That  conference  dealt  with  the  position  of  trade  societies 
as  affected  by  the  decision  of  Hornby  v.  Close,  and  the 
Royal  Commission  on  Trade  Unions,  especially  as  regards 
holding  the   inquiry  with  open  doors.     It  was  reported 
that   1 60  delegates  were  present  at  the  conference,  repre- 
senting 200,000  members  of  unions  directly,  and  a  further 
400,000  indirectly. 

14.  New  Bill. — The  committee  elected  to  promote  a 
measure  for  amending  the  Master  and  Servant  Acts  con- 
tinued their  work,  and  at  last  were  fortunate  enough  to 


STRIKES   IN   THE   SIXTIES  153 

secure  the  services  of  Lord  Elcho — now  Lord  Wemyss — 
who  took  charge  of  the  prepared  Bill.  The  Bill  was  so 
far  supported  that  it  was  read  a  second  time  and  referred 
to  a  Select  Committee  in  1866.  In  the  following  session 
(1867)  the  Bill  was  reintroduced  and  became  law  as 
"  An  Act  to  amend  the  Statute  Law  between  Master  and 
Servant"  (30  &  31  Viet.,  c.  141). 

15.  Review  of  Provisions  in  Force. — Before  describing 
the  provisions  of  the  Act  of  1867  it  is  essential  that  the 
enactments  in  force  prior  to  that  Act  should  be  briefly 
indicated.       The    statutes    in    force    were    seventeen    in 
number,  and  there  were  four  others  that  applied.     Under 
the  first  of  the  former   (1747)  any  justice  or  justices, 
upon    complaint    by    master    or    employer,    could    issue 
warrant  or  summons,  and  hear,  examine,  and  determine 
the    same,    and    punish    the    offender    by    imprisonment. 
Under  the  second  (1766)  any  justice  could  issue  warrant 
for  the  apprehension  of  the  offender,  which  power  was 
extended  in  the  Act  of  1823.     Those  statutes  applied  to 
all  workers  in  all  trades,  except  domestic  servants.     In 
England,  by  n   &   12  Viet.,  c.  43  (1847-8)   a  justice  or 
justices    could,    in    the    first    instance,    issue    warrant    or 
summons  ;    in    Scotland   the   process  could  only  be   by 
warrant  prior  to  1867.     Hence  the  anxiety  of  the  Scottish 
workers  for  an  amendment  of  the  law.     If  the  charge  was 
unfounded  the  workman  had  no  remedy  against  his  accuser, 
even  though  he  had  suffered  imprisonment  under  arrest. 
By    one    enactment  justices    had    no   alternative    as   to 
punishment,   except  to  imprison.     The   average   number 
of  prosecutions  under  those  Acts  were   1,100  a  year  in 
England  and  Scotland  alone.     This  computation  is  given 
in   the  "Statement"   and    "Appeal"   of  1864,  and  was 
repeated  in    1867.     The  inequality  of  the  law  was   the 
main  point  urged — the  employer  could  only  be  summoned, 
the  worker  could  be  apprehended  by  warrant  ;  imprison- 
ment  only  was  the  punishment  for  the  worker,  fine  or 
damages   and  costs  was  the  penalty  for  the  employer  if 
the  case  went  against  him,  which  was  seldom. 

1 6.  Act   of  1867 — its    Character. — The    Master    and 


154  LABOUR  LEGISLATION 

Servant  Act,  1867,  was  not  all  that  could  be  desired,  and 
within  eight  years  it  was  destined  to  be  repealed,  and  also 
the  other  seventeen  enactments  referred  to  in  the  first 
schedule.  That  Act  took  away  the  power  of  issuing  a 
warrant  in  the  first  instance,  and  arresting  the  alleged 
offender.  The  power  of  a  single  justice  of  the  peace  to 
act  was  abolished.  Power  of  imprisonment,  without 
option  of  fine  or  damages,  was  apparently  restricted  to 
cases  of  serious  injury  to  persons  or  property.  But  power 
to  abate  wages  was  retained.  Workmen,  instead  of  being 
"  convicted,"  as  under  previous  Acts,  were  subjected  to  an 
order  of  the  court  the  same  as  employers.  The  hearing 
also  was  to  be  in  open  court,  and  not  in  the  justice's  own 
private  room,  as  it  could  have  been,  and  often  was,  pre- 
viously. Power  of  appeal  was  also  given  in  the  Act  of 
1867  ;  and  workmen  were  allowed  to  give  evidence,  as 
employers  were  always  able  to  do  under  then  existing 
Acts.  Both  parties  were  thus  placed  on  a  level  in  these 
respects. 

17.  It    took    four   years   of  hard   work   to  effect  the 
improvements  in  the  law  above  adverted  to.     But    the 
labour  was  not  wasted.     The  Act  was  a  piece  of  remedial 
legislation,  carried  in  a  Parliament  not  otherwise  remark- 
able for  its  sympathy  with  labour.      It  did  not  achieve  all 
that  the  labour  leaders  of  that  day  desired  and  contended 
for,  but  they  were  wise  enough  to  help  Lord  Elcho  in  his 
rather  difficult  task  in  order  to  secure  one  more  step  in  the 
cause  of  labour.     Had  they  pressed  too  closely  for  a  more 
advanced  measure,  there  can  be  little  doubt  but  that  the 
Bill  would  have  been  thrown  out,  and  further  delay  in 
legislation  would  have  ensued. 

1 8.  Conciliation    Act^    1867. — This    measure    deserves 
mention  by  reason  of  its  intention,  not  because  of  any 
good  by  it  accomplished.     It  was  originally  promoted  by 
the   "National  Association  of  United  Trades,"  the  Bill 
being  introduced  by  Mr.  Mackinnon.     Subsequently  Lord 
St.  Leonards  took  charge  of  the  measure,  it  being  redrafted. 
It  proposed  to  create  courts  of  conciliation,  elected  by  the 
residents  in  the  locality,  on  the  basis  of  a  wide  suffrage. 


STRIKES   IN   THE  SIXTIES  155 

The  London  Trades  Council  agreed  to  support  the 
measure.  Mr.  George  Odger  and  I  were  deputed  to  wait 
upon  the  noble  lord  at  Boyle  Farm,  Thames  Ditton,  in 
conjunction  with  Mr.  T.  Winter,  representing  the  before- 
mentioned  association.  We  went  through  the  Bill  with 
Lord  St.  Leonards,  who,  knowing  that  I  was  then  the 
secretary  of  the  Reform  League,  and  Odger  member  of 
the  council,  explained  why  he  based  his  Bill  upon  so  wide 
a  suffrage.  "  I  could  not  help  it,'*  the  noble  lord  said  ; 
"on  no  other  basis  would  these  courts  of  conciliation 
command  the  confidence  of  the  workpeople." 

19.  Utter  Failure  of  the  Act. — The  Act  was  passed  in 
1867,  but  it  was  inoperative  from  the  first.  It  could  not 
indeed  be  otherwise,  for  it  continued  all  the  limitations  in 
the  Act  of  1824  as  regards  fixing  or  regulating  rates  of 
wages.  It  prohibited  the  courts  from  fixing  a  future  rate 
of  wages !  What,  then,  could  they  do  ?  In  wages  dis- 
putes it  is  the  future  alone  that  can  be  dealt  with.  You 
may  limit  the  period  of  its  operation  to  a  week,  month, 
six  months,  or  a  year,  but  the  award  must  deal  with  the 
future.  As  the  Act  prohibited  this,  it  was  a  dead  letter 
from  the  day  of  enactment  till  its  repeal.1 

1  See  on  this  subject  Chap.  XXXIX.,  "Arbitration  and  Conciliation." 


CHAPTER  XVIII 

LABOUR      MOVEMENTS,    STRIKES,     AND     LEGISLATION      IN 
THE     SIXTIES. IV. 

FOR  nearly  forty  years  trade  unionism  had  been 
making  steady  progress,  both  in  Great  Britain  and 
Ireland.  There  was  scarcely  an  industry  of  importance 
in  which  some  kind  of  society  had  not  been  established. 
Some,  indeed,  had  been  of  a  temporary  character,  the 
basis  not  being  sufficient  for  a  permanency.  Many  were 
still  local  unions,  isolated  in  action,  and  not  strong 
financially  or  numerically.  Others  had  gone  ahead,  but 
on  the  old  lines  ;  some  of  these  were  powerful,  by  reason  of 
numbers  and  funds,  and  by  compactness  of  organisation. 
In  the  building  trades  the  Masons'  Society  was  the  most 
powerful.  In  London  the  bricklayers  were  strong,  with 
numerous  branches  and  a  large  roll  of  members,  but  it  was 
metropolitan  only.  The  Manchester  Unity  controlled 
Lancashire,  Cheshire,  most  of  Yorkshire,  and  some  of  the 
Midland  districts.  The  carpenters  had  a  general  union, 
the  seat  of  government  being  Nottingham.  In  London 
there  were  many  local  unions,  and  also  in  the  provinces. 
Shipwrights,  boilermakers,  ironfounders,  pattern  makers, 
ironworkers,  boot  and  shoemakers,  tailors,  textile  opera- 
tives, plumbers,  painters,  hatters,  tinplate  workers,  miners, 
cabinetmakers,  compositors,  printers,  bookbinders,  and 
numerous  other  trades  had  unions  of  long  standing — 
some  strong,  others  weak,  mostly  local  in  character,  and 
consequently  limited  in  influence.  The  several  unions  in 

156 


STRIKES  IN   THE   SIXTIES  157 

one  industry  occasionally  co-operated  when  circumstances 
required  it,  as  did  also  all  unions  in  times  of  stress  and 
strain  ;  but  usually  such  co-operation  ended  when  the 
temporary  stress  was  over. 

1.  Reorganisation,  Consolidation ,  Amalgamation. — During 
the  period  of  fifteen   or    sixteen  years  out  of  the  forty 
years  adverted  to,  there  had  been  a  growing  tendency 
towards    consolidation.      To    effect    this,    reorganisation 
was,  in  most  instances,  essential.     The  work  was  not  easy 
or  slight.     Local  prejudices  had  to  be  overcome.     Inde- 
pendence had  to  be  sacrificed.     Private  interests  had  to  be 
consulted  and  satisfied.     The  officers  and    committeemen 
of  local  unions  had  to  be  conciliated,  claims  to  be  adjusted 
and  arranged.     All  this  had  to  be  done  by  the  pioneers 
in  the  engineering  branches  of  trade,  during  negotiations 
for    amalgamation    in     1850,    before    the   Amalgamated 
Society   of    Engineers   could    be    launched,    which    was 
successfully  done  on  January   i,   1851. 

2.  Influence   of  Society    of  Engineers. — The    work   of 
organisation  progressed  slowly  and  surely,  from  1825  to 
1850.     During  the  next  ten  years  all  eyes  were  turned 
more  or  less  to  the  Society  of  Engineers,  and  gradually  it 
became  a  model  union  in  the  estimation   of  the  labour 
leaders ;    one   to    be   copied    and    followed,    or   at   least 
imitated,  as  far  as  circumstances  and  the  nature   of  the 
trade    affected   permitted.     Where   the  members   of  the 
union  and  the  officials  and  leaders  could  not  see  their  way 
to  adopt  the  constitution,  rules,  and  benefits  of  the  Society 
of  Engineers,  reorganisation  was  carried  on  suitable    to 
the  requirements  of  the  members,  especially  in  the  matter 
of  benefits  and  methods  of  management.     Nearly  all  of 
the  more  important  trade  unions  now  in  existence  have 
been    reconstituted,    remodelled,    reorganised,    or    newly 
established  since   1850.     In  the  case  of  unions  founded 
before    that  date    the  changes  effected  have  been  great, 
equal  in  most  instances  to  reorganisation. 

3 .  Amalgamation  of  Unions. — The  Nine  Hours'  movement 
in  the  building  trades,  and  the  other  movements  to  which 
attention  has  been  called,  gave  an  impetus  to  the  work 


I5«  LABOUR   LEGISLATION 

of  organisation  and  reorganisation.  The  first  body  to 
attempt  reorganisation  and  amalgamation  on  the  lines  of 
the  Engineers'  Union  was  the  carpenters  and  joiners,  the 
first  steps  towards  which  were  taken  in  the  winter  of 
1 8  60-6 1.  The  Amalgamated  Society  of  Carpenters  and 
Joiners  was  the  outcome  of  the  action  then  taken.  The 
general  union  did  not,  however,  come  in  as  a  body, 
though  some  branches  did.  The  Tailors  similarly  amal- 
gamated. The  Boilermakers'  Union  was  reconstituted  as 
"  The  Boilermakers'  and  Iron  Shipbuilders'  Society." 
The  Bricklayers'  Union  was  reconstituted,  with  extended 
benefits,  on  the  basis  of  a  national  union,  instead  of  being 
metropolitan,  as  formerly.  The  ironworkers,  miners,  and 
other  bodies  followed  on  the  same  or  similar  lines,  or  as 
nearly  approaching  to  them  as  circumstances  permitted. 

4.  How  regarded  by  the  Public. — Naturally,  all  this  was 
watched  by  employers,  politicians,  and    the    public  with 
mixed   feelings  ;  some  with  fear  because  of  the  growing 
power  of  the  unions,  others  with  sympathy  more  or  less 
openly  expressed  ;  by  some  with  bitter  resentment,  because 
the  masses  of  the  working  people  were  becoming  a  factor 
to  be  reckoned   with  at  the  hustings.     Employers  were 
not  all  of  one  opinion.     Some  regarded  the  unions  with 
suspicion,  and  threatened  resistance  and  defiance.     Others 
saw  in  their  growth  an  element  of  safety,  less  violence, 
more  prudence,  a  readiness  to  hear  reason.     "  Strike  but 
hear"  was  often  hurled  at  the   unions;  now,  said  some 
employers,  they  will  hear  as  well  as  strike. 

5.  Proposed  Royal  Commission  on  Trade  Unions. — At  no 
period  in  the  history  of  labour  up  to   1867   had  labour 
leaders  stood  higher  in  public  estimation,  or  were  trade 
unions  more    free    from  vituperative  attack  than   in  the 
autumn  of  1866.     It  almost  seemed  as  if  old  feuds  were 
about  to  be  forgotten,  and  that  more  cordial  relations  were 
about    to  commence    between  employers    and    employed. 
Representatives  of  capital  and  labour  frequently  met  in  the 
political  arena,  and  spoke  from  the  same  platforms  on  the 
questions  of  the  day.      Politicians  of  the  "  Manchester 
school "  and  trade  union  officials  were  less  at  variance, 


STRIKES   IN   THE   SIXTIES  159 

or  their  differences  were  laid  aside  in  view  of  other 
questions  upon  which  they  were  generally  agreed.  Then 
the  unexpected  happened.  A  bolt  from  the  blue  disturbed 
the  atmospheric  conditions,  and  suddenly  the  old  conflict 
was  renewed. 

6.  The  Sheffield  Outrages. — There  were  rumours  in  the 
air  of  Sheffield  outrages,  but  at  first  these  were  regarded  as 
revivals  of  old  charges,  and  workmen  had  a  suspicion  that 
some  of  them  at  least  were  trumped  up.     There  was  the 
old  case  against  the  saw-grinders  of  Sheffield  of  attempting 
to  blow  up  the  house  of  Finley  on  Jahuary  nth,  1859. 
Then,  on  November  23,   1861,  there  was  a  charge  against 
Thompson  for  the  Acorn  Street  outrage,  who  was  tried 
on  March   17,   1862.     The  jury  found  a  verdict  of  not 
.guilty.     Three  other  grinders  were  tried  on  the  following 
day  on  the  charge  of  blowing  up  a  shop  at  Thorpe.   They 
were  all  found  guilty,  each  being  sentenced  to  fourteen 
years'  penal  servitude,  but  later  on  they  received  a  free 
pardon  on  the  ground  that  they  were  not  the  perpetrators  of 
the    outrage.     Then,    on   October    15,    1866,  came   the 
report  of  the  blowing  up  with  gunpowder  of  the  house  of 
Fearneyhough,  as  alleged,  by  agents  of  the  Saw  Grinders' 
Union.     A  reward  of  ^£1,000  was  offered  by  the. Sheffield 
masters  and  j£ioo  by  the  Government  for    information 
leading  to  the  discovery  of  the  perpetrators.     An  outcry 
against  trade  unions  followed,  and  on  February  8,  1867, 
the  Home  Secretary  brought  in   a  Bill  to  enable  Com- 
missioners to  take  evidence  upon   oath  respecting  trade- 
union  outrages  at  Sheffield. 

7.  Attitude  of  the  Trades. — The  allegations  made  at  the 
time,  before  the  inquiry  was  instituted,  filled  men's  minds 
with  horror.     Those  who  felt  it  most  perhaps  were  the 
labour  leaders  and  trade  unionv  officials,  especially  those  in 
London.  The  Trades  Council  sent  George  Odger  down  to 
Sheffield  to  inquire,  and  his  confidential  report  confirmed 
our  worst  fears  that  some  of  the  outrages  were  instigated 
by  and  paid  for  by  the  union  indicated  or  named.     The 
Sheffield  unionists  were  also  horrified  at  the  charges,  and 
they  joined  hands  with  those  in  London  in  demanding  the 


160  LABOUR   LEGISLATION 

most  searching  inquiry,  in  order  to  clear  up  the  mysteries, 
bring  home  the  crimes  to  those  responsible,  and  exonerate 
those  who  were  not  to  blame. 

8.  Demands  for  Inquiry. — The  demand  for  an  inquiry 
was  formally  made  by  a  resolution  of  the  Sheffield  Town 
Council  on  October  29,    1866,  but  it  confined  itself  to 
"the  cause  or  causes  of  the  explosion  in  Hereford  Street." 
A  deputation  was    appointed  to  wait    upon    the    Home 
Secretary  to   urge  inquiry,  and   he  appointed  November 
1 3th  to  receive  the  deputation.     On  November  6th  the 
London  trades  requested  the  Sheffield  Town  Council  to 
allow  a  deputation  appointed  by  them  to  accompany  that 
from  Sheffield,  but  this  was  refused.   The  Home  Secretary, 
however,    consented   to    receive    a   deputation    from   the 
London    trades    on     November     iyth.       The    Sheffield 
deputation,  consisting  of  members  of  the  Town  Council 
and  leading  employers  of  the  town,  had  a  private  inter- 
view   with    the    Home    Secretary,    reporters    not    being 
admitted.     The  object,  so   far  as  can  be  gathered  from 
what  took  place  in  the   Council  and    statement    of  the 
Mayor,  was  u  to  urge  the  appointment  of  a  Commission  to 
inquire    into  the    cause    or    causes    of  the    explosion    in 
Hereford   Street, "  the    Mayor  saying  in    reply    to    Mr. 
Alderman  Saunders,  that  "  the  deputation  of  this  Council 
must    confine  itself  entirely  within  the  resolution."     A 
general  inquiry  was  not  asked  for. 

9.  Action  of  London  'Trade  Unions. — The  London  Trades' 
deputation  specifically  requested  the  Home  Secretary  to 
admit  reporters,  but  this  he  refused  to  do.     The  difference 
in  the  attitude    of  the    two   deputations    was    pointedly 
adverted  to  in  the  Sheffield  Town  Council  at  the  meeting 
following,  when  the  Mayor  gave  his  meagre  and  unsatis- 
factory   report.      Mr.    Alderman    Ironsides    said  "  that 
secrecy  in  a  matter  of  such  public  importance  was  unwise 
and  underhand,  it  was  not  honourable  or  straightforward." 
Mr.    Alderman    Saunders    said  :    "  Wherever    there    was 
secrecy  there  was  corruption  ;  the  affair  was  a  miserable 
one,  and   the  sooner  it  was  forgotten  the  better."     The 
action    of  the  London   Trades    was  commended    for    its 


STRIKES   IN   THE  SIXTIES  161 

straightforwardness,  while  that  of  the  Council  was  con- 
demned by  the  above-named  speakers.  The  Sheffield 
deputation  asked  for  a  limited  inquiry,  that  of  the 
London  Trades  boldly  demanded  a  full  and  searching 
inquiry  into  the  whole  subject. 

10.  Conduct  of  Labour  Leaders. — The  conduct  of  the 
labour  leaders  at  that  date  deserves  to  be  accentuated  by 
reason  of  the  denunciations  in  the  Press,  in  Parliament, 
on   the  platform,  and   in   the   pulpit.     I  was   personally 
acquainted  with  almost  every  man  of  prominence  in  the 
labour  world  during  those  anxious  years,  and  was  asso- 
ciated with  them  in  all  labour  movements  ;  and  this  I 
can  honestly  say,  that  I  never  heard  one  of  them  excuse 
or  palliate  the  outrages  complained  of,  much  less  sanction 
or  condone  them.   ( They  were  as  honest  in  their  denun- 
ciations  as   employers   and   others,    and  were   far    more 
insistent  in  their  demands  for  a  thorough  investigation 
into  all  the  allegations  made  than  most  of  their  critics. 
In  this  sweeping  statement  I  include  Mr.  Wm.  Dronfield 
and  his  colleagues  in  Sheffield,  all  except  the  few  shown 
to  have  been  implicated  in  the  outrages,  to  the  consterna- 
tion of  most  of  the  Sheffield  workmen. 

11.  Appointment  of  Royal  Commission. — Early  in   1867 
the  Government  resolved  to  appoint  a  "  Royal  Commis- 
sion to  inquire  and  report  on  the  organisation  and  rules 
of  trades  and  other  associations,  with  power  to  investi- 
gate any  recent  acts  of  intimidation,  outrage,  or  wrong 
alleged  to  have  been  promoted,  encouraged,  or  connived 
at   by  such  trade  unions  or  other  associations."     Extra 
powers  were   conferred    upon    that    Commission    by  the 
Trade  Union  Commission  Act,  1867,  and  by  an  Exten- 
sion   Act  in    the   same  session.     Practically  the    powers 
vested  in  the  Commission  were  unlimited,  and  thus  it  was 
able  to  unearth  the  terrible  crimes  which  had  disgraced 
the  annals  of  trade  unionism  in   Sheffield,  Manchester, 
and  one  or  two  other  places. 

12.  Attitude  of  the  Press  and  Public. — The  object  of 
the  Commission  was  clearly  indicated  by  the  mover  and 
seconder  of  the  Address  in  the  House  of  Commons  on 


12 


162  LABOUR    LEGISLATION 

February  5,  1867.  It  was  not  merely  or  only  to  unearth 
outrage  and  wrong  and  bring  the  perpetrators  to  justice, 
but  to  give  a  pretext  to  the  Government  to  suppress  the 
unions  or  materially  to  curtail  what  little  liberty  the  law 
had  given  to  them.  The  inflammatory  articles  in  news- 
papers and  the  attacks  of  public  men  had  to  some  extent 
prepared  the  way  for  such  contemplated  action.  Files 
of  newspapers  for  1865,  1866,  and  the  early  part  of  1867 
prove  this.  I  quote  one  sentence  from  the  Daily  News, 
not  always  the  most  violent  against  the  unions,  thus  : 
"  The  unions  must  be  stamped  out  as  a  public  nuisance." 
This  was  the  attitude  of  the  Press  generally,  with  a  few 
exceptions  ;  it  was  also  the  attitude  of  a  large  number  of 
members  of  Parliament  and  other  public  men. 

13.  Friends  of  Labour  Appointed  on  the  Commission. — 
Under  these  circumstances  the  labour  leaders  and  officials 
of  trade  unions  throughout  the  country,  especially  those 
in  London,  took  counsel  together  and  resolved  to  act  on 
behalf  of  labour.     One  of  the  first  things  attempted  was 
to    endeavour    to    place    two    men    on    the    Commission 
specially  to  look  after  the  interests  of  labour.     The  two 
men  proposed  were  Thomas  Hughes  and  Frederic  Harri- 
son.    They  wanted   no  favour,  they  only  asked   for  an 
impartial  inquiry  and  fair  play.     They  knew  that  Messrs. 
Hughes   and   Harrison  would  try  to  secure  this  ;   they 
also  knew  that   they  would  not  condone  crime  or  even 
minor  offences  against  the  law.     In  the  end,  after  much 
effort  and  some  resistance,  Mr.  Thomas  Hughes,  M.P., 
and  Mr.  Frederic  Harrison  were  appointed  on  the  Com- 
mission. 

14.  Labour   Representatives    Allowed  to   Attend. — The 
labour  leaders  next  endeavoured  to  secure  an  open  court 
for  the  inquiry  ;  in  this  they  were  unsuccessful,  but  what 
they  did  secure  was  permission  for  some  representatives 
of  labour  to  be  present  to  hear  the  evidence.     In  no  other 
way  could   the   trade   union    leaders  get    to  know  what 
evidence    was    being    given,    so    as    to    bring    rebutting 
evidence    if    found    to    be    necessary.      Thus   two    very 
important  concessions  were   obtained,  viz.,  the  appoint- 


STRIKES   IN  THE   SIXTIES  163 

ment  of  Messrs.  Thomas  Hughes,  M.P.,  and  Frederic 
Harrison  on  the  Commission,  and  the  presence  at  the 
sittings  of  representative  men  deeply  concerned. 

15.  Exclusion  of  Labour  at  Previous  Inquiries. — Up  to  S 
that  time  all  inquiries  affecting  labour  had  been   made  / 
quite  irrespective  of  workmen's  claims  or  interests.    They  / 
were   called   as  witnesses   as  required,  and   examined  by) 
hostile   members  of  Commissions   of  Inquiry,   or  Select] 
Committees,  but  never  once  had  a  workmen's  representa^j 
tive  a  chance  of  examining  an  employer.     The  unfairness 
of  the  position  is  obvious.     However  fair  the  members 
may   have    been,    they    necessarily    took    the    employer's 
view  rather    than    that    of  the   workman.      They   could 
not  help  being  influenced  by  newspaper  articles  and  other 
public  utterances,  nearly  all  of  which  were  at  that  period 
antagonistic    to  labour   as  represented    by  trade   unions. 
Even  the  best  of  employers  regarded  them  with  suspicion, 
and  Society,   representing    the   classes,  denounced  them. 
Trade  unionists  were  placed  at  a  further  disadvantage  by 
the  secrecy  or  semi-secrecy  of  the  inquiries    instituted. 
There  was  little  or  no  opportunity  of  testing  the  accuracy 
of  replies  to  questions  until  it  was  too  late,  namely,  on 
the  publication  of  the  official  report. 

1 6.  Scope  of  the  Inquiry. — What  now  remained  to  be 
done  was  to  watch  the  proceedings  of  the  Royal  Commis- 
sion and  of  the  Sub-Commissions  in  their  inquiry  and  to 
take  such  action  from  time  to  time  as  was  deemed  to  be 
necessary.     The  first  step  taken  was  to  convene  a  great 
meeting  in  Exeter  Hall  on  February  21,   1867,  to  take 
into  consideration   the  recent  decision   in  the  Court  of 
Queen's  Bench  (Hornby  v.  Close),  the  Royal  Commis- 
sion, and  Mr.  Charles  Neate's  Bill  for  the  protection  of 
the  funds  of  trade  societies.     The  Amalgamated  Society 
of  Engineers  took  the  initiative  ;  then  a  committee  was 
formed  of  representatives  of  the  chief  London  trades  and 
of  the    London    Trades    Council.      In    the  work  which 
followed  Mr.  Robert  Applegarth  took  a  very  conspicuous 
part.     He  it  was  who  sought  to  combine  the  two  deputa- 
tions on  the  subject  of  appointing  a  Royal  Commission, 


164  LABOUR   LEGISLATION 

and  it  was  he  who  arranged  the  interview  with  Mr. 
Roebuck  on  November  i2th,  attended  by  Messrs.  Dron- 
field  and  Austin,  on  the  same  subject.  Mr.  Roebuck 
arranged  with  the  Home  Secretary  for  the  interview  on 
November  iyth.  Mr.  Roebuck  had  taken  a  leading 
part  in  the  denunciation  of  the  Sheffield  unions  for  their 
supposed  implication  in  the  outrages,  and  he  was  asked  to 
introduce  both  deputations  to  the  Home  Secretary.  His 
party  action  and  expressions  were  all  the  more  resented 
because  he  had  previously  championed  the  cause  of  trade 
unions.  It  is,  however,  only  just  to  his  memory  to  say 
that  he  agreed  on  that  occasion  with  the  demands  of  the 
unions  for  a  full  and  fair  inquiry  into  the  subject  and  sug- 
gested that  it  should  extend  over  the  previous  ten  years 
—1857  to  1867 — a  suggestion  endorsed  by  the  unions. 

17.  Committee  of  the  Trades. — The  representative  com- 
mittee called  into  existence  by  the  conference  of  trades 
did    not   confine   themselves  to    the    proceedings  of  the 
Royal    Commission.     They  had    done  what    they  could 
to  get   a  representative  workman    on    that    Commission 
and  to  prevent  its  sittings  being  held  with  closed  doors. 
They  had,  by  public  meetings  in  Exeter  Hall  and  else- 
where,   challenged    their    adversaries    on    the    charge    of 
complicity,  directly  or   indirectly,  with  the  outrages   in 
question  ;    they  not    only  publicly  repudiated    any  con- 
nection with  or   knowledge  of  such   outrages,  but   they 
denounced    in    the    most    emphatic  way  and    specifically 
the  crimes  and  ofFences  alleged  to  have  been  committed, 
for  at  that  date  no  "  disclosures  "  had  been  made  respect- 
ing any  case  of  outrage. 

1 8.  Composition   and   JVork    of  the    Commission. — The 
Royal  Commission  proceeded  with  its  work.     Evidence 
was  tendered,  frankly  and  fully,  by  the  officials  of  the  chief 
unions.     Mr.  Robert  Applegarth  was  under  examination 
four  days,  and  gave  important  evidence  as  to  the  constitu- 
tion and  rules  of  trade  unions,  their  action  in  cases  of 
disputes  and  strikes,  as  to  the  unprotected  state  of  their 
funds,  and  other  matters.     Similar  evidence  was  given  by 
other  trade  union  officials  and  men  connected  with  labour 


STRIKES   IN   THE   SIXTIES  165 

movements  ;  in  no  case  was  there  a  hint  of  hesitancy  to 
give  information.  The  inquiry  was  ably  and  impartially 
conducted  under  the  presidency  of  Sir  William  Erie — the 
Earl  of  Lichfield,  Sir  Edmund  W.  Head,  Mr.  Herman 
Merivale,  Mr.  James  Booth,  Mr.  J.  A.  Roebuck,  M.P., 
Mr.  Thomas  Hughes,  M.P.,  and  Mr.  Frederic  Harrison 
being  the  other  Commissioners.  The  inquiry  was  search- 
ing, extended,  and  complete. 

19.  Those  who  expected  any  serious  disclosures  from 
that  Commission  were  doomed  to  disappointment.  (.  But 
all  eyes  turned  with  anxiety  to  the  special  Sub-Commissions 
sitting  at  Sheffield  and  Manchester.  As  the  operations 
and  plans  of  the  few  men  implicated  in  the  outrages  were 
unfolded  and  disclosed  there  was  a  feeling  of  horror 
throughout  the  country,  and  gloom  pervaded  the  minds 
of  labour  leaders  as  to  the  possible  outcome  of  the  inquiry^ 
It  was  felt  by  the  latter  that  possibly  the  work — good 
honest  work — of  many  years  would  be  shattered,  and  that 
legislation  in  a  panic  might  ensue.  There  was  a  feeling 
of  anger  also  against  the  men  who  had  so  hoodwinked 
their  fellows,  deceived  and  brought  disgrace  upon  them, 
and  jeopardised  the  cause  of  labour.  They  felt  that  their 
honour  was  at  stake,  as  well  as  the  cause  they  represented. 
Those  were  days  of  deep  anxiety,  as  well  as  of  gloom,  as 
to  the  possible  result  of  those  disclosures.  Yet  there  was 
a  feeling  of  confident  hope  that  the  whole  of  the  trade 
unionists  of  the  country  would  not  be  made  to  suffer  for 
the  wrong-doing  of  a  few.  They  could  not  believe  that 
trade  unions  would  be  stamped  out,  or  that  an  attempt 
would  be  seriously  made  to  do  so,  because  two  or  three 
local  unions  had  lent  themselves  to  unlawful  purposes. 
But  hope  was  mingled  with  fear.  £The  cases  proven  were 
so  horrible  in  design  and  execution,  that  an  indignant 
public  might  in  retaliation  demand  suppression.'  This 
state  of  suspense  lasted  a  considerable  time — throughout 
1867  and  1 86  8jT  meanwhile  the  labour  leaders  awaited 
the  Final  Report  ~of  the  Royal  Commission  with  grave 
anxiety,  wondering  what  "  recommendations "  would  be 
made.  * 


CHAPTER   XIX 

ROYAL    COMMISSION  :    FINAL    REPORT,    AND    AFTER 

APART  from  the  serious  circumstances  and  events 
which  led  to  the  appointment  of  the  Royal  Com- 
mission, and  the  terrible  disclosures  which  followed,  the 
inquiry,  however  necessitated,  was  at  that  time  regrettable, 
for  the  special  reason  that  employers  and  their  workmen 
were  getting  to  understand  each  other  better.  The 
antipathy  of  employers  to  labour  leaders — officers  and 
delegates  of  trade  unions — had  abated  somewhat.  They 
had  met  each  other  in  political  and  other  public  move- 
ments in  which  they  had  a  common  interest,  and  respect- 
ing which  they  were  found  generally  to  agree  and  willing 
to  co-operate.  The  fear  was  that  the  inquiry  would 
revive  old  antagonisms,  and  that  probable  conflicts  between 
labour  organisations  and  employers  would  mar  the  mutual 
intercourse  that  had  arisen.  On  the  other  hand  the 
inquiry  was  opportune  from  this  standpoint, — that 
electoral  reform  was  to  the  front  ;  each  political  party  in 
the  State  was  committed  to  it,  and  a  settlement  of  the 
question,  on  some  lines,  was  certain  and  immediate,  for,  in 
the  then  state  of  the  country,  it  could  not  be  delayed. 
In  this  respect  agitation  had  effectively  done  its  work. 

i.  Mr.  Gladstones  Reform  Bill,  1866.— In  1866  Mr. 
W.  E.  Gladstone  introduced  a  Reform  Bill  which,  though 
deemed  to  be  inadequate  by  the  working  classes,  was 
largely  supported,  on  the  ground  that  it  was  a  considerable 
instalment  and  would  give  political  power  to  at  least  a 
large  section  of  the  community  hitherto  outside  the  pale 


166 


ROYAL   COMMISSION  167 

of  the  constitution.  Mr.  Gladstone  was  defeated  in 
committee  on  the  question  whether  the  franchise  should 
be  based  on  rating  or  rental,  and  the  Government  resigned. 
Earl  Derby  was  thereupon  entrusted  with  the  formation  of 
a  Ministry  by  the  Queen,  without  going  through  the 
ordeal  of  a  General  Election. 

2.  Mr.  Disraeli's  Reform  Bill,   1867. — On  February 
25,  1867,  Mr.  Disraeli  introduced  a  series  of  resolutions, 
preliminary  to  a  Reform  Bill,  based  on  rating,  with  en- 
franchising and  other  proposals .   On  the  2  7th  he  abandoned 
his  resolutions,  and  announced  his  intention   of  bringing 
in  a  Bill.     On  March    i8th  he  introduced   his  Bill,  in 
which  he  proposed,  "  as  a  security  against  the  mere  power 
of  numbers,  a  system  of  checks  based  on  residence,  rating, 
and  dual  voting. "      After  various  changes  in  committee, 
which  so  altered  the  measure  that  one  prominent  member 
of  the  Conservative  party,  Lord  Cranbourne,  now  Lord 
Salisbury,  declared  there  was  nothing  left  of  the  original 
Bill  but  its  title*1]'  the  measure  thus  altered  was  carried,  and 
became  the  Reform  Act  of  1867. 

3.  Effect  of  Reform  Act,  1867. — The  enfranchisement 
of  large  numbers  of  the  working  class,  by  the  provisions 
of  that    Act,    vastly    increased    the    influence    of  labour 
leaders  in  the  constituencies,  and  the  power  of  the  working 
classes  at  the  polling-booths.     Hitherto  large  masses  of 
the  people  could  only  shout  and  hold  up  their  hands  at 
the  hustings  ;    now    a  considerable   proportion  of  them 
could  vote.     This  change  in  the  situation  was  in  itself 
sufficient  to  alter  the  tactics  of  the  Government  upon  the 
question  of  legislation  respecting  trade  unions,  inasmuch 
as    any   proposed    action    would    necessarily    have    to  be 
submitted  to  the  constituencies  at  the  General  Election. 
At  all  the  great  meetings  and  demonstrations  of  that  date, 
the  franchise  as  a  right,  the  claims  of  labour,  the  protection 
of  trade  union  funds,  and  other  such  like  questions  were 
kept  well  to  the  front  by  labour  leaders. 

4.  General   Election,    1868. — Obviously    an    appeal    to 
the    constituencies  could    not    be  long  delayed,  however 
inclined  to  do  so  the   Government  might  be.     In  order, 


168  LABOUR   LEGISLATION 

perhaps,  to  raise  the  issue,  and  possibly  to  ensure  an  early 
dissolution,  Mr.  Gladstone  gave  notice  on  March  23,  1868, 
of  a  series  of  resolutions  on  the  Irish  Church  as  an 
Establishment.  That  was  the  political  programme  upon 
which  the  Liberal  Party  intended  to  fight,  and  on  March 
3Oth  the  proposal  to  go  into  committee  on  the  resolutions 
was  carried  by  331  to  270 — majority  61.  After  a  debate 
extending  over  eleven  nights  the  first  resolution  was  carried 
by  330  to  265 — majority  65 — on  April  3Oth.  The  second 
and  third  resolutions  were  carried  without  a  division  on 
May  7th.  A  Bill  on  the  question  was  introduced  by  Mr. 
Gladstone  on  May  I4th.  This  action  of  the  Liberal 
leader  settled  the  political  issues  upon  which  the  General 
Election  were  to  be  fought. 

5.  Conduct  of  Labour  Leaders. — The  influence  of  labour 
leaders   was   now   sought   on    all  hands    in    view    of  the 
approaching    General    Election.       Politically,    they    were 
in  general  accord  with  the  Liberal  Party;  but  they  never 
swerved    in    fidelity   to    the    cause    of  labour.       Neither 
'Conservative    nor   Tory,  Liberal  nor  Radical,  went  un- 
challenged as  regards  the  protection  of  trade  union  funds, 
and  the  right  of  free  association  for  the  mutual  advance- 
ment of,  and  better  conditions  for,  labour.     Nearly  every 
'constituency  in  England  and  Wales,  many  in  Scotland, 
and  some   in   Ireland,  were   visited,  the  special  fund  for 
which  was  mainly  contributed  by  large  employers  of  labour, 
no  conditions  being  attached  as  to  the  advocacy  of  proper 
and  efficient  legislation  in  favour  of  trade  unions,  and  the 
rights  of  labour   generally.       Some   sturdy    Liberals,  as 
candidates,  had  to  bend   the  knee  in  that  contest,  or  run 
the  risk  of  losing  their  seats  at  the  election. 

6.  Labour    Candidates. — The    General    Election    took 
place   in    the    autumn   of    1868.      Several  working-class 
representatives  were  chosen  to  contest  seats,  but  only  two, 
Mr.  W.  R.  Cremer,  at  Warwick,  and  the  present  writer, 
at  Aylesbury,  went  to  the  poll.      Needless  to  say  that 
both   were  defeated.     But  the  proposal  to   send   special 
representatives  of  labour  into  the   House    of  Commons 
took  root,  and  in  the  election  following,  that  of  1874,  two 


ROYAL  COMMISSION  169 

such  men  were  returned — Mr.  Alexander  Macdonald  for 
Stafford,   and  Mr.   Thomas  Burt  for  Morpeth. 

7.  Results    of  General   Election. — Meanwhile    the    in- 
vestigations of  the  Royal  Commission  went  on.  (  Volu- 
minous evidence  was  taken.    At  Sheffield  and  Manchester 
atrocious  outrages  had  been  unearthed,  and  the   names  of 
the  perpetrators  had  been  disclosed,  and  these  had  thern^ 
selves  confessed  their  crimes,  or  their  complicity  in  themj 
The  world  at  large  knew  the  worst.     The  labour  leaders 
were    no   longer    down-hearted.      They    also    knew    the 
worst,  and  felt  more  confident  as  to  the  final  result.     In 
the  reform  agitation,  and  in  contests  in  constituencies  at 
the  General  Election,  their  voices  were  heard  on  thousands 
of  platforms,  pleading  for  labour's  rights,  as  well  as  for 
citizen  rights,  and  they  pleaded  not  in  vain.     Before  the 
election  closed  they  knew  that  all  danger  of  attempts  to 
suppress  the  unions  was  at  an  end.     They  knew  also  that 
a  measure  to  protect  the  funds  of  trade  unions  was  assured. 
The  threatened  strained  relations  between  leading  employers 
of  labour  and  representatives  of  industrial  associations  no 
longer  loomed  large  on  the  horizon.      Mutual  confidence 
was  to  a  large  extent  restored,  and  politically  the  labour 
leaders   were  more  than  ever  closely   in  touch  with  the 
statesmen  in  whose  hands  rested,  for  the  time  being,  the 
destinies  of  the  British  Empire. 

8.  Final  Report  of  the  Royal  Commission. — The  entire 
proceedings   of    the    Royal    Commission,    including   the 
inquiries    by    the    Special    Commissions    at  Sheffield  and 
Manchester,   were    embodied    in    seventeen    reports,    the 
eleventh,   or  "  Final    Report  of  the  Commission,"  being 
that  in  which  the  Commissioners  propounded  their  con- 
clusions and  recommendations.     It  was  not  issued  until 
1869.     An  early  intimation  of  the  result  of  the  inquiry 
was  given  by  Mr.  Frederic  Harrison,  one  of  the  Com- 
missioners, in   a  speech  delivered  on  April  21,  1869,  in 
which  he  "  congratulated  the  workmen  of  the  country  on 
the  fact  that  outrages  were  found  to  exist  in  only  two 
places — Sheffield  and  Manchester ;  and  the  Commission, 
in  their  report,  did  not  recommend  any  exceptional  legis- 


170  LABOUR   LEGISLATION 

lation  in  the  matter,  though  Mr.  Roebuck,  Mr.  Merivale, 
and  Mr.  Booth  were  the  most  determined  opponents  of 
trade  unions."  Again,  on  May  28,  1869,  Mr.  Harrison 
said  :  "  The  charges  brought  against  the  members  of  these 
(trade)  societies  had  in  the  main  broken  down  during  the 
inquiry  by  the  Royal  Commission.  The  great  bulk  of 
the  unions  had  passed  through  the  ordeal  without  a  stain/' 
No  greater  testimony  than  that  can  be  adduced.  Mr. 
Harrison's  character  is  beyond  reproach.  Had  he  or 
Mr.  Thomas  Hughes  been  convinced  of  the  complicity  of 
the  unions,  or  of  the  leaders  and  officials  representing 
them  in  the  deplorable  outrages  disclosed,  or  in  any  of  the 
lesser  offences  against  society  or  workmen,  not  even  Mr. 
Roebuck  would  have  been  more  severe  in  condemnation 
of  them,  or  more  ready  to  apply  drastic  remedies.  They 
were  no  mere  popularity  hunters  ;  both  were  fearless  and 
just.  Had  they  seen  reason  for  adverse  action,  trade 
unions  would  have  had  a  bad  time,  and  indeed  in  that 
case  would  have  deserved  it. 

9.  Conclusions  and  Results. — No  elaborate  quotations 
from  the  Final  Report  are  now  needed,  but  attention 
may  be  called  to  paragraph  50,  in  which  the  majority  of 
the  Commission  state  that,  "  leaving  out  of  the  question 
grosser  cases  of  outrage,  and  confining  ourselves  to  the 
more  ordinary  case  of  vexatious  interference  with  the 
workmen's  liberty,  it  must  be  noticed  that  nearly  the 
whole  of  the  instances  (given)  rest  on  the  testimony  of 
employers."  It  goes  on  to  say  that  workmen  have  not 
come  forward  to  substantiate  them,  and  that  "  no 
suggestions  for  the  curtailment  of  the  power  of  trade 
unions  have  come  before  the  Commission  from  work- 
men." "  No  independent  and  insulated  workmen  have 
volunteered  to  express  themselves  in  that  sense."  The 
alleged  tyranny  of  the  unions  was  not  substantiated, 
although  at  that  time  every  inducement  was  offered  to 
discontented  workmen  to  give  evidence  against  the 
unions,  had  they  so  desired.  Non-unionists  would  have 
been  protected  had  they  done  so,  and  the  unions  were  in 
such  bad  odour  with  the  public,  that  such  evidence  would 


ROYAL   COMMISSION  171 

have  been  more  than  welcome.  That  reasonable  grounds 
for  complaint  existed,  apart  from  outrage  and  violence, 
cannot  be  denied  ;  the  fact  is  deplored.  To  reproduce 
an  expression  used  by  me  in  a  speech  more  than  thirty 
years  ago,  "  Workmen  are  not  all  angels,  and  employers 
are  not  all  devils."  Both  are  subject  to  fits  of  temper, 
and  are  often  swayed  by  prejudice  ;  occasionally  both 
have  said  foolish  things,  and  done  unwise  ones.  The 
Royal  Commission  of  1867-69  cleared  the  air.  The 
storm  did  a  little  damage,  but  all  were  the  better  for  the 
temporary  atmospheric  disturbance.  For  twenty  years 
thereafter  there  was  a  gradually  increasing  confidence 
between  employers  and  employed,  only  occasionally  inter- 
rupted by  labour  conflicts,  more  or  less  severe. 

10.  Unprotected  State  of 'Trade  Union  Funds. — By  the 
irony  of  fate,  the  Royal  Commission,  which  was  intended 
to  curse,  ended  in  a  blessing.  Instead  of  paving  the  way 
for  a  measure  to  stamp  out  the  unions  "  as  a  public 
nuisance,"  the  portals  of  Parliament  were  opened,  to 
enable  them  to  be  recognised  as  lawful  bodies,  under  the 
protection  of  the  State.  The  first  outcome  of  that 
Commission  was  a  temporary  Act  for  the  protection  of 
trade  union  funds.  The  demand  arose  out  of  the  case 
known  as  Hornby  v.  Close.  The  treasurer  of  the  Brad- 
ford branch  of  the  Boilermakers'  and  Iron  Shipbuilders' 
Society  embezzled  or  wrongly  withheld  the  sum  of  ^24 
confided  to  his  care  by  the  members  of  that  branch.  The 
Society  prosecuted  him  under  the  Friendly  Societies  Act, 
the  rules  of  the  union  being  "  deposited  with  the 
Registrar  "  under  §  44.  The  case  came  before  the 
Bradford  magistrates,  by  whom  it  was  dismissed  on  the 
ground  that  "  the  society  had  rules  in  restraint  of  trade." 
The  Society  appealed  against  the  decision  of  the  magis- 
trates. The  appeal  was  heard  on  January  16,  1867,  in 
the  Court  of  Queen's  Bench,  when  it  was  dismissed,  the 
magistrates'  decision  being  confirmed.  Shortly  after 
another  case  occurred,  in  which  the  secretary  of  the 
Bradford  branch  of  the  Amalgamated  Carpenters'  and 
Joiners'  Society  embezzled  from  ^30  to  ^40.  The 


172  LABOUR   LEGISLATION 

magistrates,  on  February  15,  1867,  found  that  the  case 
was  fully  proved,  but  dismissed  it,  in  view  of  the  recent 
decision  in  the  Court  of  Queen's  Bench.  That  decision 
was  appealed  against,  and  was  heard  in  July,  1869,  being 
known  as  Farrar  v.  Close,  the  appeal  being  dismissed  on 
the  same  grounds.  A  further  case  occurred  at  Hull, 
when  a  warrant  was  applied  for  to  arrest  an  absconding 
officer,  but  it  was  refused  by  reason  of  the  same  decision. 
1 1 .  Methods  of  Investment  of  Trade  Union  Funds. — Up 
to  the  year  1863  the  usual  practice  of  trade  unions  was 
to  make  the  landlord  of  the  inn  or  public-house  in 
which  the  society  met  or  the  lodge  was  held  the  treasurer 
of  the  society  or  lodge.  When  the  funds  in  hand  per- 
mitted investment,  the  balance,  or  such  proportion  of  it 
as  the  members  decided  upon,  was  placed  in  the  hands  of 
the  brewers  or  distillers  who  supplied  that  particular 
house  with  beer  or  spirits  ;  the  interest  was  generally 
from  4  to  5  per  cent.,  the  latter  very  frequently.  It  is 
but  fair  to  the  landlords  of  that  date  to  say  that  seldom 
any  losses  occurred  by  the  transactions.  Trade  societies, 
or  branches  thereof,  were  sources  of  revenue  to  publicans, 
and  they  were,  as  a  rule,  welcomed  as  such.  Generally 
the  lodge-rooms  were  then  free — no  rent,  no  charge  for 
gas.  After  1860  it  would  appear  that,  in  numerous 
instances,  they  were  less  profitable,  and  at  first  a  payment 
for  gas  was  required,  subsequently  rent  for  the  room. 
It  was  argued  that  the  members  of  these  societies  spent 
less  on  lodge  nights,  and  therefore  some  other  pecuniary 
recompense  was  needed.  The  labour  leaders  regarded 
this  as  testimony  favouring  increasing  sobriety,  and  con- 
sequently did  not  resent  the  demand ;  rather,  they 
approved  of  it.  Since  that  date  some  lodge  houses  have 
still  been  free  ;  for  others  a  charge  for  gas  has  been  paid, 
for  some  a  rental.  Let  it  here  be  said  that  no  school- 
rooms or  other  public  rooms  were  available  to  trade 
unions  to  meet  in.  Church  and  chapel  alike  refused  to 
let  schoolrooms  for  such  purposes,  and  then  the  parson  or 
minister  denounced  the  men  for  meeting  in  public-houses. 
There  were  no  other  places  then  to  meet  in. 


ROYAL  COMMISSION  173 

12.  Post  Office  Savings  Banks. — When  Mr.  Gladstone 
proposed  the  establishment  of  Post  Office   Savings  Banks 
in     1 86 1   an  effort  was  made   to  induce    him   to   make 
provision    for    deposits    by    trade    unions    in    the    same 
way,    and    to    the    same    extent,    as    friendly   societies. 
It  was  pointed  out  to  him  that,  in  many  respects,  the  two 
classes  of  societies  were  similar,  and  that  some,  like  the 
Amalgamated   Society    of  Engineers,    provided    benefits 
quite   as   good    as,    if   not    better    than,    most    friendly 
societies.     It    was    further    urged   that,  as  trade  unions 
were  permitted  to  deposit  their  rules  with  the  Registrar 
of  Friendly  Societies,  and  with  Clerks  to  Justices  of  the 
Peace,  under  the  Friendly  Societies'  Act,  1855,  that  they 
had  some  claim   to    be    placed  on  the  same  footing  as 
regards  depositing  surplus  funds  under  the  Savings  Banks 
Acts.     Mr.  Gladstone  did  not  make  specific  provision  for 
this  in  his  measure  (carried  in  1863),  but  under  the  Regu- 
lations which  followed  in  1864  such  provision  was  made, 
and  thereafter  the  unions,  or  many  of  them,  banked  their 
funds  with   the   Postmaster-General  and  National  Debt 
Commissioners,  as  representing  Savings  Banks,  Post  Office 
and  Trustee  under  the  Acts  relating  thereto,  respectively. 
At  the  deputation  to  the  Home  Secretary,  Mr.  Walpole, 
on  February  i,  1868,  the  subject  was  again  referred  to  by 
Mr.  Thomas  Hughes,  M.P.,  Messrs.  Allan,  Guile,  Apple- 
garth,  &c.     Mr.  Guile  stated  that  the  Engineers  alone  had 
£140,000  in  various  parts  of  the  country.     The  unions 
were  thus  placed  in  an  awkward  position  by  the  decision 
in  the  Court  of  Queen's  Bench  as  regards  the  safety  of 
funds  deposited  in  the  Savings  Banks,  on  the  ground  that 
some  of  the  rules  of  the  unions  were  deemed  to  be  "  in 
restraint  of  trade." 

13.  Deposits  in  Savings  Banks. — On  March  7,  1868,  a 
deputation  again  waited  upon  Mr.  Gladstone  on  the  same 
subject,  as  he  had,  when  Chancellor  of  the  Exchequer, 
provided  facilities  for  making  deposits  in  the  Post  Office 
Savings  Banks  by  trade  unions.     Mr.   Allan   referred  to 
a  former  interview,  in   1864,  when  permission  to  use  such 
banks  was  granted.     He  stated  that  the  Engineers  had 


174  LABOUR   LEGISLATION 

deposited  upwards  of  ^  40,000  in  the  Post  Office  Savings 
Banks.  Messrs.  Danter,  Odger,  Applegarth,  and  others 
spoke  as  to  the  difficulty  that  had  arisen  by  reason  of  the 
recent  decision  in  the  Court  of  Queen's  Bench.  Mr. 
Gladstone  agreed,  but  said  that  he  thought  such  societies 
were  friendly  societies — why  were  they  not  ?  The 
reason  stated  was  that  they  were  ruled  out  because  some 
of  their  rules  were  alleged  to  be  "  in  restraint  of  trade." 
He  questioned  the  soundness  of  the  doctrine,  and  quoted 
two  instances  in  support  of  his  view — the  rule  among 
publishers  as  to  discount,  and  the  uses  to  which  land 
might  be  put,  perfectly  legal  in  themselves,  but  they 
might  operate  "  in  restraint  of  trade."  He  stated  that 
he  "  was  completely  puzzled  by  the  matter  as  it  then 
stood  before  him  ;  whatever  was  permitted  by  law  ought 
to  entail  no  legal  grievance."  This  view  quite  accorded 
with  the  contention  of  the  labour  leaders.  Mr.  Allan 
explained,  in  answer  to  a  question  by  Mr.  Gladstone,  that 
the  Society  of  Amalgamated  Engineers  was  a  correspond- 
ing society,  with  branches  in  many  countries,  and  the 
Corresponding  Societies'  Act  was  not  repealed.  The 
unions  had  not  been  allowed  to  register  at  that  date,  but 
only  to  deposit  their  rules  under  a  provision  in  the 
Friendly  Societies'  Act,  1855,  the  value  of  which  was  nil 
in  consequence  of  the  recent  decision. 

14.  Legal  Protection  of  Trade  Union  Funds. — There  was 
consternation  in  the  ranks  of  trade  unionists  when  the 
decision  in  the  Court  of  Queen's  Bench,  in  the  case  of 
Hornby  v.  Close,  became  known.  The  labour  leaders 
met  at  once  to  concert  measures,  and  the  first  thing 
decided  upon  was  to  ask  the  Home  Secretary,  Mr. 
Walpole,  to  receive  a  deputation,  which  he  did  on 
February  i,  1867,  introduced  by  Mr.  Thomas  Hughes, 
M.P.  The  speakers  were  Messrs.  Allan,  Guile,  Apple- 
garth,  and  Odger.  In  reply,  Mr.  Walpole  requested  the 
deputation  to  put  their  case  in  writing1,  so  as  to  be  able  to 
consult  his  colleagues  on  the  subject.  Mr.  Henry  Crompton 
thereupon,  at  the  request  of  the  Committee,  drafted  a 
Bill  which  the  labour  leaders  laid  before  the  Conference 


ROYAL   COMMISSION  175 

of  Trades,  which  Bill  was  adopted,  and  Mr.  Charles  Neate, 
M.P.,  took  charge  of  it  in  the  House  of  Commons  in 

1867.  It  was  reintroduced  in  1868,  Sir  Thomas  Fowell 
Buxton  taking  charge  thereof.     But  no  progress  was  made 
in  either  Session  beyond  the  first  reading. 

15.  The     Recorder's     Act. — Meanwhile    Mr.    Russell 
Gurney,  Recorder  of  London,  introduced  a  Bill  relating 
to    larceny    and    embezzlement    by  co-partners    or  joint 
beneficial    owners.     The   attention  of  the  labour  leaders 
having  been  called  to  it,  some  of  them  waited  upon  Mr. 
Russell  Gurney  and  pointed  out  to  him  the  position  of 
trade  union  funds,  and    suggested    that    trade    unionists 
were  joint  beneficial  owners.     He  agreed  that  the  provisions 
of  the  Bill  would  apply,  but  he  advised  that,  in  the  then 
state  of  public  feeling,  it  would  be  unwise  to  discuss  that 
subject,  as  perhaps  it  might  wreck  the  Bill.     The  measure 
was  carried  without  difficulty,  and  became  law  on  July  3 1 , 

1868.  The  first  prosecution  under  the  Act  was  a  trade 
union  secretary,  who  was  convicted  (Reg.  v.  Blackburn, 
1868).     Thus  was  legal  protection,  in  the  first  instance, 
afforded. 

1 6.  Trade  Union  Bills,  1867  and  1868. — The  General 
Election    of    1868    had    wholly    changed   the    situation. 
Express   and    definite   promises   had    been    made    by    so 
many  of  the  candidates  elected,  that  we  regarded  it  as 
certain  that  an  adequate  measure  would  be  submitted  to 
Parliament    and    passed.     The    Bill    introduced    by  Mr. 
Charles  Neate  in  1867,  and  by  Sir  Thomas  Fowell  Buxton 
in     1868,    was    reconsidered,    and    was    declared   to   be 
wholly  inadequate  to  the  occasion.      Mr.  Harrison  there- 
upon drafted  a  Bill  on  the  general  lines  of  the  Minority 
Report.     Messrs.  Thomas  Hughes  and  A.  J.  Mundella 
took  charge  of  it  in  the  House  of  Commons.     For  a  time 
the  Bill  hung  fire,  no  progress  could  be  made  with  it.     A 
deputation  then  waited  upon  the  Home  Secretary,  Mr. 
Henry    Austin    Bruce,    to    request    the    Government    to 
support  the  measure.     Mr.  Bruce  flatly  refused  to  do  so, 
declaring  that  they  (the  Government)  would  have  nothing 
to    do   with    it.     What    evil    genius    was   it    that    again 


176  LABOUR   LEGISLATION 

whispered  resistance  to  such  a  measure?  Was  it  merely 
the  traditions  of  the  Home  Office,  the  resultant  influences 
of  Lord  Melbourne,  Sir  George  Grey,  Lord  Palmerston, 
and  others  ?  Or  were  there  personal  influences  in  the 
Cabinet,  the  Government,  and  the  House  of  Commons  ? 
The  trade  union  leaders  were  wroth — they  did  well  to 
be  angry.  Was  this  the  reward  for  all  the  hard  political 
work  done  during  the  General  Election  in  1868  and 
previously  ?  What  of  unredeemed  promises  ? 

17.  A   Breakfast-Table    Conference    and   its    Results. — 
Things  looked  ominous.     Discontent  was    abroad.     An 
incident  changed  the   whole  policy  of  the   Government. 
There  was  a  good  genius  at  work  in  the  person  of  Mr. 
William    Rathbone,     M.P.      He    invited     Mr.     Henry 
Crompton,    Mr.    Robert    Applegarth,    and    the    present 
writer  to  meet  Mr.  Bruce  at  breakfast,  to  talk  over  the 
whole  matter.     We  went.     It  was  the  longest  breakfast  I 
ever  sat  at.     Every  phase  of  the  question  was  discussed 
in   detail,  minutely,  and    threshed    out.     Misconceptions 
were  cleared  away,  doubts  were  removed,  with  the  result 
that  the  Government  decided,  to  the  indignation  of  some 
of  their  own  followers,  to  support  the  second  reading  of 
the  Bill,  thus  affirming  its  principle  ;  but  they  then  tried 
to  postpone  further  action  until  the  next  Session,  in  1870. 
This  was  warmly  resented    and    resisted.     Pressure    was 
brought  to  bear  upon  Messrs.  Hughes  and  Mundella  in 
favour  of  delay,  but  »they  remained  firm.     Treachery  in 
the  Liberal  ranks  was  loudly  hinted  at,  but  a  solution  of 
the  difficulty  came  unexpectedly,  again  an  outcome  of  the 
breakfast-table  conference  above  alluded  to. 

1 8.  Mr.  Bruce  Relents. — Mr.  Bruce  gave  notice  of  a 
Bill  for    the    Protection    of  Trade    Union   Funds,   as  a 
temporary  measure,  pending    further    action.     The    Bill 
was -backed  by  the  Home  Secretary  and  Mr.  Knatchbull- 
Hugessen.     It  was  read    a    first  time  on  July   ijth  ;    a 
second  time  on  July  1 9th  ;  went  through  Committee  on 
July  22nd  ;  third  reading  on  July  2jrd  ;  in  the  Lords 
on  July  26th  and   joth,  and  August  2nd   and  3rd  ;  it 
received  the   Royal    Assent    on  August  9,   1869,  as  the 


ROYAL  COMMISSION  177 

32  and  33  Viet.,  c.  61.  It  was  to  remain  in  force  till  the 
end  of  the  Session,  1870.  The  opposition  to  the  measure 
was  inappreciable.  Its  justice  was  recognised  ;  it  merely 
provided  a  temporary  remedy  in  cases  of  embezzlement 
and  misappropriation  of  funds.  It  raised  no  questions  of 
policy.  Mr.  Bruce  won  respect  and  consideration  by 
reason  of  his  prompt  and  prudent  action.  It  was  a 
temporary  solution  of  the  difficulty. 

19.  Trade    Union    Congresses. — One    other    important 
event  in  the  sixties  was  the  institution  of  Trade  Union 
Congresses.     The  first  assembled  in  Manchester  in  Whit- 
week,  1868.     Previous  to  that  conferences  had  frequently 
been  held  ;  the  United  Kingdom  Alliance  of  Organised 
Trades,  established    by  the  Sheffield  unions  mainly,  had 
called  three  conferences  in  succession — in  1865,  1866,  and 
1867  ;  but  the  main  object  in  those  conferences  was  some 
form    of  amalgamation    or    federation.     The   promoters 
and   founders  of  Trade  Union   Congresses  had  no  such 
ambition.     Their    object   was    to    confer  annually,  upon 
urgent  questions  affecting  workmen   and  labour  associa- 
tions, whether  the  result  of  legislation  or  otherwise.     It 
was  not  proposed  to  interfere  in  the  legitimate  work  of 
trade  unions,   their   organisation,   mode  of  management, 
constitution,  rules,  or  other  matters  of  internal  economy, 
but  to  promote  co-operation  in  respect  of  general  ques- 
tions  affecting   labour,  and  watch  over  its    interests    in 
Parliament. 

20.  I.  Manchester    Congress,  June  2-6,   1868. — There 
were  thirty-four  delegates,  representing  118,367  members 
of  trade  unions  in  most  of  the  chief  cities  and  towns  in 
the  kingdom.     The  objects  discussed  included  the  Royal 
Commission,    then    sitting ;    protection    of  trade    union 
funds  ;  the  law  of  conspiracy,  and  other  laws  affecting 
labour  ;    conciliation  and  arbitration  ;    hours  of  labour  ; 
Factory  Acts  ;    foreign    competition ;    political   economy 
and  labour  ;    picketing,  coercion,  and  intimidation  ;  the 
necessity  for  trade  unions,  &c.     It  decided  in  favour  of 
Annual  Congresses,  and  selected  Birmingham  for  the  next 
meeting.     The  Congress  was  quiet,  orderly,  and  business- 

13 


178  LABOUR   LEGISLATION 

like  ;    the   resolutions  were   reasonable  and  moderate  in 
character,  without  exception. 

21.  II.  Birmingham   Congress. — This    met   on  August 
23-28,  1869.     The  second  Congress  was  more  political 
than  the  first,  several  political  bodies  sending  delegates, 
without    question.      There    were    forty-eight    delegates 
present,  representing   forty  unions  and  associations,  the 
aggregate  membership  of  which  was  about  250,000.     The 
subjects   discussed   included  the   Royal  Commission   and 
reports  ;    protection    of  trade  union  funds  ;    piece-work, 
overtime,  limitation  of  apprentices  ;  protection  of  miners, 
co-operation,     conciliation    and     arbitration,    and    other 
questions.     Labour  representation  in  Parliament  was  first 
adopted  as  a  distinctive  policy  by  that  Congress.    London 
was  chosen  as  the  next  meeting-place,  and  a  committee  of 
five  were  elected  to  convene  such  Congress. 

22.  Work   and   Wages — Mr.   Brassey. — Two    circum- 
stances   in    the    last    year    of  the   sixties    require    special 
mention,     (a)  The  first  was  the  speech   of  Mr.  "  Tom 
Brassey,  Junior,  M.P.,"  as  he  was  then  called,  now  Lord 
Brassey.     It  was  delivered  in  Parliament  on  July  7,  1869, 
on  the  second  reading  of  the  Trade  Unions  (Protection  of 
Funds)    Bill.     Mr.    Brassey    had    been    urged    by    Mr. 
Thomas  Hughes  and  others  to  speak  in  support  of  that 
measure.     He  was  inclined  to  hesitate  at  first  ;  being  a 
young  member  of  that  House  he  felt  shy.     I  was  asked 
to  see  him,  and  was  introduced  by  Mr.  Hughes.     We 
met  him  at  his  chambers  in  Lincoln's  Inn.     After  some 
hesitancy,  he  consented.     His  speech  from,  as  he  said,  an 
employer's  point  of  view,  assisted  very  much  in  disarming 
opposition  to  the  Bill.     It  was,  indeed,  the  one  important 
speech  on  the  question.     It  was  subsequently  published, 
and  ultimately  expanded  into  "  Work  and  Wages,"  a  book 
widely  read  some  thirty  years  ago,  and  still  well  worthy  of 
perusal. 

23.  (b)  "Trade  Unions"  by  M.  Le  Comte  de  Paris.— 
The  second  was  the  publication  of  "  The  Trade  Unions 
of  England,"  by  Le  Comte  de  Paris,  edited  by  Thomas 
Hughes,  M.P.     It  is  strange   but  true  that,   up  to  the 


ROYAL  COMMISSION 


179 


date  of  publication,  in  1869,  no  work  of  any  note  had 
appeared  on  trade  unions.  That  quoted  above  was  the 
first,  and  it  had  considerable  merit.  The  author  was 
favourably  impressed  by  what  he  had  seen  and  heard  of 
the  Trade  Union  movement.  He  wrote  sympathetically 
of  the  unions  and  their  work,  and  with  a  fuller  know- 
ledge of  their  objects  than  educated  Englishmen  at  that 
time  possessed.  The  work  is  now  scarce,  but  it  is  well 
worthy  of  study  by  those  who  desire  to  become  acquainted 
with  industrial  history.  I  was  able  to  warmly  congratulate 
the  author  when  introduced  to  him  in  1870. 

24.  General  Review  of  the  Decade. — The  seventh  decade 
of  the  century,  called  the  sixties,  was  an  important  one  in 
the  history  of  labour.  Trade  unionism  was  extended  ; 
organisation  and  consolidation  had  been  promoted  ;  im- 
proved methods  were  devised  for  concerted  action  ;  some 
well-considered  proposals  were  propounded  for  legislative 
action  ;  a  general  policy  was  adopted  as  regards  the 
attitude  of  trade  unions  on  public  questions  affecting 
labour  and  workmen  collectively  ;  and  for  the  first  time 
trade  unions  were  recognised  legally  by  the  Act  for  the 
protection  of  their  funds.  Workmen,  moreover,  took  a 
more  active  part  in  political  movements — in  electoral 
reform,  and  the  use  of  the  vote  for  labour's  advantage  ; 
in  favour  of  Italian  unity  and  freedom  ;  Poland  and 
Hungary  ;  the  abolition  of  slavery,  and  the  maintenance 
of  the  Federal  Union  in  America  ;  in  the  promotion  of 
fraternal  relations  among  the  working  classes  of  all 
countries  by  the  formation  of  the  International  Working 
Men's  Association,  and  other  public  movements. 


CHAPTER   XX 

LABOUR     LEGISLATION     MOVEMENTS    IN    THE 
SEVENTIES.  -  1. 


^HE  previous  decades  had  been  mainly  devoted  to 
J^  the  removal  of  obstacles,  preparing  and  tilling  the 
ground,  sowing  the  seed,  and  nurturing  it.  Some  plants 
require  a  long  period  to  blossom,  and  the  best-bearing 
fruit  trees  need  time  to  come  to  maturity  ere  they 
blossom  and  bear  fruit  after  their  kind.  It  is  even  more 
true  in  the  animal  world,  each  species  requiring  time  to 
mature  before  its  individual  members  can  "  increase  and 
multiply."  In  legislation,  inception  and  birth  are  some- 
times apparently  speedy,  but  in  such  cases  the  result  is 
seldom  satisfactory.  As  a  general  rule  legislation  lags 
a  long  way  behind  public  opinion,  more  or  less  pronounced. 
When  it  is  ahead  of  it,  which  is  not  often,  it  is  usually  a 
failure.  In  the  case  of  labour  legislation  there  has  never 
been  undue  haste,  except  when  the  object  has  been 
suppression,  or  otherwise  baneful.  Remedial  legislation 
was  slow,  very  slow,  and  halting.  It  took  forty-  five 
years  to  advance  from  the  repeal  of  the  Combination 
Laws  to  a  temporary  measure  for  the  protection  of  the 
accumulated  funds  of  associated  bodies  which,  by  law, 
were  permitted  to  be  established.  It  seems  almost 
ludicrous  that  trade  unions  should  be  allowed  to  exist, 
under  sanction  of  law,  and  yet  that  their  funds  should 
have  no  legal  protection.  It  was  an  absurd  anomaly, 
made  bitter  by  injustice.  To  steal,  embezzle,  or  defraud 
were  crimes,  punishable  as  such  ;  but  if  committed  by  an 

180 


MOVEMENTS   IN   THE  SEVENTIES  181 

official  of  a  trade  union,  against  the  union  as  such,  he 
could  commit  the  offence  with  impunity.  Fortunately 
the  offence  was  comparatively  rare  in  the  labour  world. 

1.  Waiting — Why  should  Labour  Wait? — The  Session 
of    1869    was    mainly    occupied    with    the    measure    for 
disestablishing  the  Irish  Church;  in   1870  there  was  the 
Irish  Land  Bill,  and  the  Elementary  Education  Bill,  and 
other  measures.     The  labour  leaders  could  get  no  specific 
official  promise  of  legislation  for  labour  or  the  recognition 
of  trade    unions.       They    were    not,    however,    wholly 
impatient,     for    they    heartily    supported     the    political 
measures  of  the  Government,   and   more  especially  the 
Education  Bill,  in  spite  of,  in  their  opinion,  some  defects 
in  the  provisions    of  that  measure.     Some    of  us   were 
during    these    Sessions    in    close    contact     with    certain 
members  of  the  Cabinet  and  others  in  the  Government, 
and  we  were  assured  that  legislation  was  contemplated  at 
an  early  date.     Mr.  Stansfeld,  Mr.  W.  E.  Forster,  and 
Mr.  Bright  were  often  seen  on  the  subject,  the  two  former 
being  warmly  in  favour  of  a  far-reaching  measure.     Then 
we  had  some  good  friends  in  the  House  of  Commons,  not 
in  the  Government — Messrs.  Hughes,  Mundella,  J.  Hinde 
Palmer,  Serjeant  Simon,  Samuel  Morley,  Walter  Morrison, 
Professor  Fawcett,  Samuel  Plimsoll,  Henry  James,   W. 
Vernon  Harcourt,  T.  B.  Potter,  William  Rathbone,  and 
others  ;  besides  which  there  were  many  whose  pledges  at 
the    General    Election   were    more   or   less    confidently 
depended    upon.     In     most    of     these    negotiations,    in 
"lobbying,"  and  other  ways,   the  present  writer  took  a 
considerable  part,  Alexander  Macdonald,  Robert  Apple- 
garth,  and  George  Odger  being  his  chief  colleagues  and 
helpers.      Behind    us    were    the    trade    unions    of    the 
country,  whose  officials  were  at  hand,  when   needed,   to 
accentuate  our    demands    and   support  us  in  any  action 
deemed  to  be  necessary.     Altogether  we  presented  a  firm 
front,   were   united  in  demands    and    attitude,  and    un- 
wavering in  our  policy. 

2.  The  Trade  Union  Bill,  1871. — Early  in  the  Session 
of  1871   Mr.  Bruce  redeemed  his  promise  of  legislation 


182  LABOUR   LEGISLATION 

by  introducing  the  Trade  Union  Bill.  This  was  the  first 
measure  of  importance  ever  introduced  by  any  Govern- 
ment in  the  interests  of  labour  generally  since  the  Act 
of  Elizabeth  in  1562-3  (5  Eliz.,  c.  4).  The  specific  acts 
relating  to  factories,  mines,  &c.,  are  not  here  included  for 
sufficient  reasons — they  will  be  dealt  with  separately. 
The  repeal  of  the  Combination  Laws  and  the  amend- 
ment of  the  Master  and  Servant  Acts  had  been  initiated 
by  what  is  singularly  called  "  private  "  members,  meaning 
only  that  they  are  not  in  the  Ministry  or  officially  con- 
nected with  the  Government. 

3.  Trades  Congress  Convened. — Acting  on  behalf  of  the  ' 
Committee  of  the  Trades  Congress  of  1869,  there  being 
no  Congress  in  1870,  and  also  of  the  Committee  of  the 
Trades  which  had  watched  on  behalf  of  labour  the  inquiry 
by   the   Royal   Commission,   and  had  taken  such   action 
thereon  as  was  deemed  to  be  expedient,  I  ascertained  as 
early  as  possible  the  probable  date  when  the  Trade  Union 
Bill  would  be  introduced,  so  that  the  next  Congress,  fixed 
to  be  held  in  London,  should  assemble  immediately  after 
the    introduction    and    first    reading   of  that   Bill.     The 
meeting  was  so  well  timed  that  the  Congress  met  on  the 
6th   of  March,   1871,  in  the  Portland  Rooms,  London, 
the  Bill  being  before  us. 

4.  III.  The  Trades'  Congress,  London ,  1871. — The  Con- 
gress programme   was   a  long  and   varied  one,   but   the 
principal  question  discussed   was  the  Trade  Union  Bill, 
and  the  effect  of  its  criminal  provisions.     The  Bill  pro- 
posed to  repeal  the  6  Geo.  iv.,  c.  129,  and  to  substitute 
therefor  clause  3  in  the  Bill.     It  was  against  that  clause 
that  the  Congress  protested,  in  which  protest  all   other 
trade  unions   not  represented    at    the    Congress  joined. 
On    March    9th    the     Congress    delegates    waited    upon 
Mr.   Bruce    as    a    deputation,   by  previous  arrangement, 
when  the  views  of  those  present  were  definitely  expressed. 
As  secretary  to  that  Congress  I  was  appointed  one  of  the 
speakers,  and  I  stated  that  in  my  opinion  the  magistrates 
would  so  construe  the  clause  objected  to  that  it  would 
lead  to  convictions  such  as  had  never  taken  place  under 


MOVEMENTS   IN   THE   SEVENTIES  183 

the  old  law  of  1825.  Mr.  Bruce  stopped  me  by  declaring 
that  the  provision  was  not  so  intended,  and  said  that  he 
could  not  enter  into  a  discussion  which  anticipated  the 
possible  decision  of  the  courts.  I  replied  that  at  least 
the  deputation  was  entitled  to  anticipate  eventualities,  but 
Mr.  Bruce  dissented.  It  turned  out,  however,  that  I  was 
right,  as  subsequent  convictions  proved.  If  a  Minister  of 
the  Crown  is  not  to  anticipate  the  possible  construction  to 
be  put  upon  the  provisions  of  a  Bill  for  which  he  is 
responsible,  where  is  his  statesmanship  ? — where  his  fore- 
sight ? 

5.  Condemnation  of  Trade  Union  Bill. — The   Congress 
was    dissatisfied    with    the    Home    Secretary's    reply   and 
attitude,  and  condemned  most   severely  clause   3   of  the 
Bill.    The  Congress  before  separating  elected  the  following 
committee,  in  order  named,  to  act  on  its  behalf,  to  watch 
over  the  Bill,  and  take  such  action  as  they  thought  fit  : 
Messrs.    George    Howell,    George     Potter,     Alexander 
Macdonald,    Lloyd    Jones,    and  Joseph  Leicester.     The 
committee  met  on  March  I4th,  and  drafted  a  circular  to 
the  trades,  signed  in  the  order  as  above.     It  contained  the 
resolution  of  the  Congress  as  follows  :   "  That  this  Con- 
gress, having    reconsidered    the    Trade    Union    Bill    in 
connection  with  the  explanations  and  representations  of 
the    Home    Secretary    (given    at    the    before-mentioned 
deputation)  hereby  resolve  :  That  whilst  they  are  anxious 
to  obtain  from  Parliament  any  legislation  that  may  enable 
them  to  carry  forward  their  efforts  on  behalf  of  the  legiti- 
mate interests  of  their  fellow-workmen,  they  refuse  in  any 
way  to  sanction  any  Bill  that  in  its  provisions  presupposes 
criminal  intentions  or  tendencies  on  the  part  of  English 
workmen   as   a  class."     To  that  resolution  was  added  : 
"  If  consistent  with  your  sense  of  duty  to  the  country,  we 
should  feel  greatly  obliged  by  your  opposing  the  criminal 
provisions  of  the  Trade  Union  Bill." 

6.  Protest  of  the   Trades. — That    circular  was  sent  to 
every  member  of  Parliament  on  March  1 5th,  so  as  to  be 
in   their  hands  on  the  following  day.     On  March    iyth 
the  above  members  of  the  Congress  Committee   invited 


i»4  LABOUR    LEGISLATION 

the  committee  of  the  Conference  of  United  Trades  to 
meet  them,  to  whom  was  explained  what  had  taken  place. 
That  action  was  approved.  At  a  formal  joint  meeting 
held  on  March  28th,  of  the  two  committees,  a  joint 
protest  was  agreed  to  as  follows  :  "  We,  the  undersigned, 
for  and  on  behalf  of  the  trade  unionists  of  the  United 
Kingdom,  authorised  and  empowered  by  the  Trades 
Union  Congress,  recently  assembled  in  London,  and  by 
the  Conference-of  Amalgamated  Trades,  do  hereby  protest 
against  any  such  legislation  as  that  attempted  by  the  third 
clause  of  the  Government  Trade  Union  Bill,  based  as  it  is 
on  the  assumption  that  acts  contrary  to  law  and  order  are 
done  and  sanctioned  by  the  trade  unions  of  this  country, 
feeling  confident  as  we  do  that  the  Common  and  Statute 
Law  is  sufficient  to  punish  every  unlawful  act  committed 
either  by  trade  unionists  or  any  other  persons.  We, 
therefore,  refuse  in  any  way  to  sanction  a  Bill  that  in  its 
provisions  presupposes  criminal  intentions  or  tendencies 
on  the  part  of  working  men  as  a  class. — Signed,  George 
Potter,  chairman  ;  George  Howell,  secretary  to  the  Trades 
Union  Congress  Parliamentary  Committee ;  William 
Allan,  chairman  ;  Robert  Applegarth,  secretary  to  the 
Conference  of  Amalgamated  Trades. " 

7.  Measure   Withdrawn — New    Bills. — The   effect    of 
this  prompt,  energetic,  and  united  action  was  immediate. 
The  Government  resolved  to  separate  the  criminal  from 
the   other  portions  of  the  Bill.     Two  Bills  were  conse- 
quently immediately  issued  ;    one,  "  The  Trade  Union 
Bill,"  the  other,  "  The  Criminal  Law  Amendment  Bill." 
That,  of  course,  did  not  get  rid  of  the  difficulty,  especially 
as  the  Government   decided  to  take  them  pari  passu,  as 
though  they  were  parts   of  one  measure,  as  really  they 
were.     Again   the   evil  genius  was    busy   at    the    Home 
Office  in  the  shape  of  tradition,  or  personally  in  the  ranks 
of  those    who  supported    the    Government    in    spite    of 
pledges  given  in  the  General  Election  of  1868. 

8.  The  members  of  the  Joint  Committee  named  above 
were    vigilant,    almost    ubiquitous.      They    interviewed 
members,   addressed  meetings,    promoted    petitions,    met 


MOVEMENTS   IN   THE   SEVENTIES  185 

Ministers  and  members  of  the  Government,  and  en- 
deavoured in  every  way  to  prevent  the  Criminal  Law 
Amendment  Bill  from  passing  ;  all  without  avail.  The 
measure  was  even  strengthened  by  Lord  Cairn's  amend- 
ment in  the  House  of  Lords  by  the  substitution  of  "  with 
one  or  more  persons  "  for  "  two  or  more." 

9.  Opposition  to  the  Workmen's  ^Demands — A  Review. 
— The  opposition  that  met  us  in  some  quarters  was  unex- 
pected, and  was,  in  particular  cases,  strongly  resented  by 
the    labour    leaders.       It  would  be    ungenerous    now  to 
specify  instances  and  mention  names.      The  members  of 
Parliament  who   strenuously   resisted  our  demands  have 
nearly  all  passed  away,  and  those  living  are  no  longer  in 
Parliament.     When  they  were  alive  and  in  active  public 
life  I  had,  as  secretary  to  the  Parliamentary  Committee, 
to  fight  them  face  to   face,  and  never  shrank  from  the 
duty.     My  name  was  usually  attached  to  all  I  wrote,  and 
my  references  in  speeches  were  reported.     I  was  some- 
times called  over  the  coals,  but  on  the  whole  there  was 
little    to    complain  of  in  the  attitude    of  those  whom  I 
criticised  and  opposed.     Many  of  them  were  co-workers 
with  us  in  other  movements,  and  we  mutually  supported 
causes  in  which  we  agreed.     Our  resentments  were  not 
personal,  and  if  sometimes  warm  did  not  last  long.     In 
one    or  two   instances  men   refused  to    sit   with  us   on 
committees,  in  which  cases  we  gave  way,  as  they  could 
give  money,  while  we  could  only  give  work.     Yet  their 
money  was  nearly  useless  without  our  work. 

10.  Sup-porters    of  Labour  s    Cause. — It   seems  almost 
invidious  to  mention  names  in  this  connection,   but  some 
deserve  to  be  named.     In  the  House  of  Commons  were 
Messrs.   T.    Hughes,   A.   J.   Mundella,    S.   Morley,  W. 
Rathbone,    P.    A.    Taylor,   J.   Simon,  W.  Morrison,  T. 
Brassey    (now    Lord    Brassey),    Professor    Fawcett,    S. 
Plimsoll,  J.  Hinde  Palmer,  M.  T.  Bass,  J.  Anderson,  Dr. 
Brewer,  A.  S.  Ayrton,  G.  Dixon,  J.  Howard,  &c.     Out 
of  the  House  were  Frederic  Harrison,  Henry  Crompton, 
Albert    Crompton,    J.    M.    Ludlow,    Professor    Beesly, 
R.  S.  Wright,  and  others,  but  of  those  Mr.  Harrison  and 


i86  LABOUR   LEGISLATION 

Mr.  H.  Crompton  bore  the  brunt  of  the  fight.  The 
absence  of  some  names  in  the  members'  list  may  be 
explained  by  the  fact  that  they  supported  the  Government 
as  a  first  duty,  but  they  were  not  necessarily  opponents  of 
the  workmen's  demands. 

n.  The  Trade  Union  Act,  1871. — This  Act  is  now 
well  known,  and  therefore  it  is  only  needful  to  merely 
indicate  the  changes  effected  by  it.  For  the  first  time  in 
history  the  Act  of  1871  made  combinations — trade 
unions — lawful,  giving  to  them  advantages  which  had 
hitherto  been  denied  to  them.  The  law,  as  it  stood,  was 
so  intricate  and  slippery  that  a  bare  enactment  legalising 
trade  unions  was  deemed  to  be  impossible.  They  had  to 
be  legalised  by  special  enactment,  making  them  lawful 
associations,  with  a  certain  legal  status  in  courts  of  law, 
and  at  the  same  time  preserve  their  internal  economy,  of 
organisation  and  management,  from  mischievous  inter- 
ference by  litigation.  Mr.  Bruce,  it  may  be  said,  under- 
stood this  point  well,  and  resisted  any  pressure  put  upon 
him  by  open  and  secret  foes  to  the  Bill  to  make  any 
provision  in  the  measure  for  unions  to  sue  and  be  sued, 
which  would  have  become  a  means  of  destroying  the 
unions.  It  has  been  said  that  some  of  the  unions  desired 
this  power.  But  that  I  deny.  I  challenge  contradiction 
when  I  say  that  there  was  no  proposal  by  any  of  them  for 
such  a  provision.  The  first  hint  of  it  was  at  the  Glasgow 
Congress  in  1875.*  The  subject  was  mooted  in  some 
quarters  and  it  was  discussed  with  Mr.  Bruce,  but  neither 
he  nor  any  of  our  friends  and  supporters,  in  the  House  or 
out  of  it,  favoured  the  insertion  in  the  Act  of  1871  of  any 
such  powers.  It  was  intentionally  omitted  from  the  Bill, 
and  no  proposal  to  insert  it  was  ever  made  at  any  stage  of 
the  measure.  And  I  venture  to  say  that  no  court,  however 
high,  not  even  the  House  of  Lords,  can  legitimately  read 
into  an  Act  of  Parliament  anything  that  was  intentionally 
left  out  of  it.  Whether  the  decision  of  Mr.  Justice 
Farwell  be  right,  as  a  matter  of  equity,  apart  from  Statute 
Law,  is  another  question,  one  that  I  need  not  enter  into  here. 
1  See  Chap.  XXXV.  par.  31. 


MOVEMENTS   IN  THE  SEVENTIES  187 

I  limit  my  objection  to  the  intention  of  the  legislature,  as 
that  seems  to  have  been  referred  to  in  the  House  of  Lords. 
If  I  am  wrong  in  my  contention  there  are  at  least  half  a 
dozen  men  still  living  who  can  speak  to  the  contrary. 
Judge-made  law  is  a  danger.  That  was  admitted  in 
Parliament  in  the  debates  on  measures  in  1873-75. 
Judges  are  not  infallible.  They  may  err,  though  the 
motives  be  of  the  highest,  and  their  intentions  un- 
questionable. 

12.  Summary  of  Sections. — By  §§  2  and  3  the  result- 
ing   consequence    of  the    old    doctrine  of  "  restraint    of 
trade,"  by  which  at  Common  Law  all  agreements  and  com- 
binations to  withhold  labour  in  concert  were  held  to  be 
illegal,  was  repealed.     To  this  extent  also  the  Jaw  of  con- 
spiracy  was    repealed.     By  §  4    interference    by   courts 
of  law   with  internal  organisation  and  management   was 
averted  ;    §  5    exempted    trade    unions    from    the     pro- 
visions   of  the    Friendly    Societies'    Acts  and  the  Com- 
panies'   Acts.     Then,t  in   §§  6  to   12    are  re-enacted    in 
almost  identical  terms  certain  sections  of  the  then  Friendly 
Societies'  Acts.     The  conditions  of  registration  are  pro- 
vided for    in    §§  13  to   17.      By   §  18    to    give    false  or 
pretended  rules    to     a    member,   or    candidate,  is    made 
a  misdemeanour  ;    §19  relates  to  legal  procedure  ;  §§  2 1 
to    23    provided    for    appeal    from    summary    decisions. 
Then  follows  definitions,  &C.1 

13.  The  Criminal  Law  Amendment  Act,   1871. — This 
Act  repealed  the  Combinations  of  Workmen  Act,  1825 
(6  Geo.   IV.,  c.     129),  and  substituted  therefor  another 
special  penal  statute  against  workmen.     The  old  statute 
was  vague  and  indefinite,  and  had  been  interpreted  and 
construed  in  the  harshest  way  by  justices  and  judges,  and 
consequently  had  inflicted  great  injustice  upon  workmen. 
The  decisions  thereunder  had  been  so  conflicting  that  they 
had  rendered  it  almost  impossible  for  workmen  to  know 
what  acts  were  criminal  and  what  were  not.      These  were 
some  of  the  reasons  adduced  for  repealing  the  Act  of  1 825 . 
But  as  regards  picketing,  the  then  latest  decision  by  Mr, 

1  See  "  Trade  Union  Law  and  Cases  "  (Cohen  and  Howell,  1901). 


i88  LABOUR   LEGISLATION 

Justice  Lush,  with  which  Baron  Bramwell  expressed  his 
concurrence,  established  it  as  clear  law  that  picketing — 
the  simple  act  of  accosting  a  workman  and  an  effort 
to  influence  his  conduct  by  reason  and  persuasion — was  a 
lawful  proceeding.  Consequently  the  position  of  work- 
men during  a  strike  was  much  safer  than  it  had  been. 
Those  who  had  watched  the  course  of  events  in  Parlia- 
ment, and  the  debates  on  the  subject,  and  had  carefully 
considered  the  provisions  of  the  new  Act,  saw  that  it  was 
extremely  probable  that  workmen  would  be  safe  no  longer 
in  this  respect.  It  is  not  suggested  that  either  the 
Government  or  Parliament  intended  to  go  beyond  the  Act 
of  1825  ;  but  vague  penal  laws  are  generally  carried 
further  by  interpretation  than  was  originally  intended.  It 
had  been  so  previously,  and  therefore  labours  leaders  and 
their  advisers  thought  it  likely  to  occur  again,  and  con- 
sequently they  cautioned  workmen  and  told  them  what 
might  be  expected,  and  to  prepare  for  it. 

14.  Digest  of  Acts   of  1871. — In    the    Memorandum 
and   Digest   of  the   Trade    Union    Act,    1871,    and    the 
Criminal  Law  Amendment  Act,  1871,  prepared  by  Mr. 
Henry  Crompton,  which  Mr.  Frederic  Harrison,  and  Mr. 
Albert  Crompton,  approved  and  signed  and  also,  on  behalf. 
of  the  Trades  Union  Congress,  Messrs.  George  Potter, 
chairman  ;  George   Howell,   secretary  ;  Alexander  Mac- 
donald,  Lloyd  Jones,  and  Joseph  Leicester,  members  of 
the  Committee,  and  by  them  published  in  1 8  7 1 ,  the  Trade 
Union  Act  is  thus  referred  to  :   "  In  spite  of  many  minor 
defects,  it  is  substantially  a  good  and  honest  measure.    It 
is  a  complete  charter  legalising  unions.     If  this  were  all, 
had  the  Government  done  so  much  and  nothing  more,  they 
would  have  been  entitled  to  the  gratitude  of  the  working 
classes  for  fully  and  faithfully  redeeming  the  promises  they 
had  made." 

15.  Coercion  under  New  Act. — The  verdict  upon    the 
Criminal  Law  Amendment  Act  was  :   "The  whole  of  this 
statute  must  be  repealed."     The  reasons  are  assigned  in  a 
careful  analysis   of  its  provisions  as  follows  :   "  The  new 
Act  has  been  passed  to  prevent  coercion  among  workmen. 


MOVEMENTS   IN   THE  SEVENTIES  189 

It  does  so  in  an  exceedingly  involved  and  difficult  way. 
It  does  not  make  coercion  a  crime — that  would  be  an 
absurdity  ;  but  it  makes  a  number  of  acts,  many  of  which 
are  perfectly  harmless  and  legitimate  in  themselves,  crimes 
when  done  by  workmen  in  reference  to  their  employment, 
and  with  a  view  to  coerce"  It  is  then  pointed  out  that  in 
order  to  determine  whether  a  given  act  is  a  crime  accord- 
ing to  this  statute,  it  is  necessary  to  go  through  three 
stages  to  consider  :  ( i )  Whether  the  act  done  comes  within 
those  mentioned  in  the  Act ;  (2)  whether  it  was  committed 
in  one  of  the  cases  of  employment  enumerated  ;  (3) 
whether  it  was  done  "  with  the  view  to  coerce" 

1 6.  'Drafting  of  the  Provisions. — It  follows    from   the 
above  that  the  first  section  of  the  Act  was  difficult  to  inter- 
pret by  those  trained  to  interpret  the  English  law,  even 
when  not  complicated,  as  in  this  case,  with  the  question  of 
conspiracy.      "  Coercion  "  was  the  essential  ingredient  in 
the   offence.     The  Act  was   meant  to  put   it   down   or 
punish  if  the  offence  was  committed.  Everything  depended 
upon  the  meaning  of  "  coercion,"  yet  there  was  no  defini- 
tion in  the  Act,  no  limitation  of  it,  so  as  to  prevent  its 
being    interpreted    beyond   what    was    intended.      This 
vagueness  alarmed  the  labour  leaders  and  their  friends, 
and  the  result,  as  determined  by  the  operation  of  the  Act, 
justified  their  fears.     The  danger  was  foreseen  that  moral 
"  coercion,"  or  the  influence  one  citizen  may  legitimately 
exercise  over  another,  might  be  construed  as  "  unlawful 
coercion." 

17.  New  Powers  under  the  Act. — The  first  subsection 
created    no  new  offence,  but  it  extended    the   summary 
jurisdiction  of  magistrates  in  cases  of  offences  against  the 
person  or  "malicious"  injury  to  property  when  committed 
by  workmen.      The  second  subsection  gave  a  new  power 
to  magistrates  in  the  case  of  "  threats  "  to  workmen.     A 
threat  was  not  previously  punishable  by  law,  not  even  a 
serious  threat ;  a  magistrate  only  had  power  to  compel  the 
threatener  to  find  bail  for  good  behaviour,  if  the  person 
threatened  was  apprehensive  of  danger.     This  subsection 
gave  to  the  magistrates  power  in  the  case  of  threats  by  a 


IQO  LABOUR   LEGISLATION 

workman,  to  sentence  him  summarily  to  three  months' 
hard  labour.  Subsection  3  was  aimed  specifically  at  picket- 
ing. Persistently  following  a  person  from  place  to  place 
was  made  a  crime,  if  done  by  a  workman  "  with  a  view  to 
coerce."  In  other  cases  persistently  following  was  not  a 
crime,  even  if  the  object  and  intent  of  the  person  per- 
sistently following  was  to  commit  an  offence.  What  was 
complained  of  in  this  case  was  that  the  word  "  coerce  " 
was  vague,  undefined,  and  capable  of  the  widest  interpre- 
tation in  cases  of  labour  disputes.  Had  this  word  been 
properly  defined  there  would  have  been  less  objection  to 
the  clause.  But  even  then  there  was  a  civil  remedy  in  all 
other  cases — why  make  it  a  criminal  offence  in  the  case  of 
workmen  ? 

1 8.  The    Lords'    Amendment. — The    clause    aimed    at 
rattening  was  not  objected  to  except  that  some  thought  it 
a  little  too  wide.     But  of  this  there  was  no   complaint. 
The  last  clause  of  the   subsection  was  regarded   as  most 
dangerous,  especially  as  amended  in  the  House  of  Lords. 
Mr.  Bruce  himself  said  of  it,  "  any  man  standing  by  a 
factory     door   might    be    convicted    under     it."      The 
Government  protested  against  the  amended  clause,  but  it 
was  carried  in  the  House  of  Commons  by  the  votes  of 
some  of  their  own  supporters.     I  sat  under  the  gallery  on 
that   night  and  heard   men   on    the    Liberal    side    speak 
in  favour  of  the  Lords'  Amendment.     I  wrote  a  descrip- 
tion of  the  scene,  naming  the  several  speakers.     It  was 
published.     I  justified  my  action  when  called  to  account, 
and  referred  members  to  their  promises.    It  was  otherwise 
"  an  unreported  debate;"  I  acknowledged  the  authorship. 
The  members  referred  to  were  angry  at  the  time,  but  we 
were   good    friends  afterwards.     It  was  my  duty  to  be 
present  and  to  watch.     I  was  secretary  to  the  Parliamentary 
Committee  and  responsible  to  them.     I  had  to  report  at 
the  next  Congress,  and  any  remissness  on  my  part  would 
have  been  blameable. 

19.  Conduct  of  the  Liberal  Party. — It   will  have  been 
observed    that   my   remarks    upon    the    conduct    of  the 
Government  and  House  of  Commons  concern  mostly  the 


MOVEMENTS   IN   THE   SEVENTIES  191 

Liberal  Party  and  its  supporters.  If  the  reasons  are  not 
obvious  the  following  explanation  will  make  them  clear. 
The  labour  leaders  considered  that  they  had  a  claim  upon 
the  Government  then  in  power,  while  they  had  no  such 
claim  upon  the  Tory  or  Conservative  Party.  We  had 
worked  incessantly  in  most  of  the  constituencies  during 
the  General  Election  of  1868  to  place  the  Liberals  in 
office  with  a  swinging  majority  ;  and  it  was  admitted  at 
the  time  that  the  work  was  well  done.  It  was  done  with- 
out cost  to  the  candidates,  for  a  rule  was  laid  down  and 
adhered  to  that  in  no  case  was  there  to  be  any  claim  upon 
the  election  agent,  committee,  or  candidate  for  expenses. 
I  never  heard  that  the  above  rule  was  departed  from.  The2 
representatives  sent  all  over  the  country  were  in  general 
sympathy  with  Mr.  Gladstone's  policy,  and  supported  it, 
with  the  important  addition  of  two  items — the  protection 
of  trade  union  funds,  and  generally  the  recognition  by 
law  of  those  bodies.  Therefore  we  claimed,  in  return  for 
our  work,  the  fulfilment  of  promises  given,  freely  in  most 
cases,  reluctantly  in  a  few  others.  Rightly  or  wrongly,  we 
regarded  the  then  Tory  Party  as  political  foes,  and 
endeavoured  to  defeat  its  candidates  wherever  possible.  I 
am  perfectly  frank  about  this  ;  the  facts  were  patent 
at  the  time.  Of  course,  under  such  circumstances  we 
had  no  right  to  expect  concessions  from  the  Opposition. 
We  did  not,  and,  so  far  as  I  remember,  none  were  given. 
This  explains  why  we  were  exacting  as  regards  the 
Liberal  Party  and  its  supporters. 

20.  "Digest  of  Acts  and  Protest. — The  Digest  of  the 
Acts,  the  Report  thereon,  and  a  copy  of  the  two  Acts, 
were  prepared  and  issued  as  a  manifesto.  It  condemned 
the  Criminal  Law  Amendment  for  reasons  given  ; 
entered  a  protest  against  such  legislation,  and  de- 
manded its  repeal.  This  was  signed,  as  before  stated, 
by  the  three  barristers  named,  and  by  the  "  Trades 
Union  Congress  Committee,"  and  extensively  circu- 
lated. The  concluding  portion  of  the  manifesto 
was,  in  brief,  as  follows  :  The  country  was  reminded 
that  in  the  debate  on  the  Bill  of  1869  the  House  of 


192  LABOUR   LEGISLATION 

Commons  had,  by  assenting  to  the  repeal  of  the  Com- 
binations Act  of  1825,  really  accepted  in  principle  that 
for  which  workmen  had  persistently  contended — "justice 
and  equality  before  the  law  ;  that  acts  which  are  not 
crimes  when  done  by  the  upper  and  middle  classes 
should  not  be  crimes  because  they  are  done  by  workmen." 
This  Act  "  repeals  the  Combination  Laws,  but  it  creates 
a  new  series  of  laws  of  the  same  character,  which  are 
in  some  respects  worse,  more  dangerous  to  liberty,  more 
calculated  to  give  rise  to  disorder  and  violence,  and 
most  certain  to  embitter  the  feelings  which  unhappily 
exist  between  capital  and  labour.  Parliament  has 
deliberately  endeavoured  to  strengthen  the  hands  of  the 
capitalists  at  the  expense  of  the  liberties  and  inde- 
pendence of  the  working  classes."  After  declaring  the 
willingness  of  the  working  classes  to  support  legislation 
for  the  suppression  of  crime,  and  for  the  punishment 
of  lesser  offences,  it  condemned  the  conviction  of 
"  innocent  and  even  virtuous  acts  into  crimes "  to 
handicap  labour.  It  concluded  :  "In  the  name  of  the 
working  classes  we  offer  this,  our  solemn  protest,  against 
the  injustice  which  Parliament  has  enacted.  We  hold 
that  peace  and  order  are  the  basis  and  the  condition 
of  social  and  political  progress ;  but  neither  peace  nor 
order  can  be  lasting  if  they  are  not  founded  upon 
justice  and  equality  before  the  law." 


CHAPTER   XXI 

EFFORTS    TO    REPEAL    THE    CRIMINAL     LAW    AMENDMENT 

ACT,     1871 


^HE  Fourth  Trades  Union  Congress  was  fixed  to 
take  place  in  Nottingham,  commencing  on  January 
8,  1872.  The  Digest,  Report,  Copy  of  Acts,  and  Protest 
referred  to  in  the  previous  chapter  were  extensively 
circulated  in  anticipation  of  that  gathering.  As  secretary 
to  the  Committee  I  watched  with  care  every  case 
reported  under  the  new  Act,  in  order  to  ascertain  the 
effects  of  .  its  provisions  as  administered.  The  two 
measures  became  law  on  June  29,  1871.  They  had 
been  purposely  run  together,  side  by  side,  as  if  the 
one  was  the  complement  of  the  other  ;  and  both  received 
the  Royal  assent  on  the  same  day.  In  effect,  therefore, 
the  Criminal  Law  Amendment  Act  was  as  bad  as  if  it 
had  continued  as  part  of  the  original  Trade  Union  Bill. 
Yet,  in  the  end,  the  separation  one  from  the  other  was 
advantageous,  because  in  demanding  the  repeal  of  the 
one  the  other  was  left  untouched.  It  soon  became 
evident  that  our  worst  fears  would  be  realised.  My 
own  predictions  before  the  Home  Secretary,  at  the 
deputation  on  March  9th,  were  fulfilled  to  the  letter. 
Cases  arose  under  the  Act  as  early  as  July  I2th,  and 
by  August  1  8th  many  cases  had  occurred  in  Gateshead 
and  Newcastle,  all  of  which  were  noted.  In  all  instances 
where  convictions  took  place,  and  they  were  not  a  few, 
no  such  conviction  of  a  similar  kind  is  reported  to  have 
taken  place  under  6  Geo.  IV.,  c.  129,  thus  completely  justi- 

14  193 


194  LABOUR   LEGISLATION 

fying  our  contention  as  to  the  effect  of  the  new  Act. 
Every  such  prosecution,  especially  if  conviction  followed, 
accentuated  our  indignation  against  Parliament,  and  our 
condemnation  of  the  policy  of  the  Government  which  had 
landed  labour  in  a  quagmire. 

1.  Report   of  Parliamentary    Committee. — As  secretary 
to   the    Committee     it    fell    to   my  lot   to   prepare    the 
Report  for  the  year    1871,  in  which  is  given,  in  some 
detail,  the  work  of  that  Committee.      After  reprinting 
the   reports   on  the  original  Bill,  and  the  Protest  made 
at    the    time,  it  gave  a  brief  account    of  the  action    of 
the  Committee,  the   division    of  the    measure   into  two 
Bills ;    the    constant    efforts,  by    deputations,    interviews 
with  members  of  Parliament,  &c.,  to  get    the  Criminal 
Law  Amendment  Bill  withdrawn  ;    and    then    to  obtain 
the  rejection  of  Lord  Cairns'  amendment,  when  nothing 
else  could  be  done.     The  action  of  the  Lords  had  been 
so    prompt    that  a  deputation    to    the    Home    Secretary 
could  only  be  hurriedly  called  together  in  the  Members' 
Room  at  the  House  of  Commons  on  the  night  of   the 
Report.     Mr.  Bruce  was  too  ill  to    be  present,  but    he 
was  represented  by  Mr.  Winterbotham,  Under-Secretary 
of  State.      The    deputation    was    large    and    influential, 
many    members    of    Parliament    being    present.      As    a 
result  of  that  interview  Mr.  Winterbotham,  on    behalf 
of    the    Home    Secretary    and    the    Government,    gave 
notice  to  move  the  rejection  of  the  Lords'  amendment. 
So  far  we  were  satisfied  with  the  action  of  the  Govern- 
ment.     The    division    took   place    on    June    19,    1871, 
when  the  Lords'  amendment  was  carried  by  147  to  97 
against — majority    against     labour,    50.      We    gave    an 
analysis  of  the  voting  at  the  time,  and    reported    it  to 
Congress.     It  was  found  that  in  the  majority  list  there 
were     130    members    representing    leading     centres    of 
industry  ;    of  these    101    were    Liberals    and    29    Con- 
servatives.     We    posted    their    names,  and   left    further 
action  to  the  several    constituencies  which  the  aforesaid 
members  represented. 

2.  Members  of  Parliament  and  Coercion. — The  following 


CRIMINAL   LAW  AMENDMENT   ACT  195 

extracts  from  a  report  issued  by  the  Committee  at  the 
time,  and  repeated  in  the  Report  to  Congress,  may  be 
of  interest,  especially  as  the  latter  is  scarce  and  rare  ; 
perhaps  the  only  complete  copy  extant  is  that  in  my 
possession.  It  says  :  "  We  leave  the  list  to  the  judg- 
ment and  concerted  action  of  the  trades'  societies  in 
those  constituencies  whose  members  spoke  and  voted 
against  us,  and  that,  too,  after  the  Government  had 
moved  to  disagree  with  the  Lords'  amendment,  thus 
voting  against  their  party  in  the  interests  of  their  class, 
and  decidedly  to  the  detriment  of  trades'  societies.  We 
also  leave  to  you  the  culpability  of  those  who  were 
absent  from  the  division,  and  thereby  played  into  the 
hands  of  our  enemies.  .  .  .  The  analysis  of  the  voting 
list  shows  that  nearly  all  the  representatives  of  the  great 
centres  of  industry  either  voted  for  the  Lords'  amend- 
ment or  absented  themselves  from  the  division.  Let 
the  organisations  note  this  fact,  and  compare  it  with 
the  professions  on  the  hustings,  where  most  of  the  men 
[named]  promised  to  vote  for  an  honest  Trade  Union 
Bill."  The  acute  soreness  then  felt  by  the  labour 
leaders  is  painfully  evident  in  the  above  extracts  from 
the  Report.  Perhaps  that  which  hurt  most  was  the 
bad  faith  shown  by  men  who  had  been  helped  into 
Parliament  by  the  energy,  advocacy,  and  loyalty  of  the 
labour  leaders,  and  by  the  votes  of  workmen  appealed 
to  by  them  in  the  various  constituencies.  Some  painful 
instances  could  be  quoted,  but  the  men  are  gone,  the 
occasion  is  past,  and  we  live  in  better  times. 

3.  Digest  of  Acts  and  Future  Work. — The  Committee 
formally  presented  and  commended  to  Congress  the 
Digest  of  the  two  Acts,  drawn  up  by  Mr.  Henry 
Crompton,  and  carefully  revised  by  his  brother,  Mr. 
Albert  Crompton,  and  Mr.  Frederic  Harrison,  together 
with  the  reprint  of  the  Acts,  and  the  report  thereon, 
signed  by  the  above,  and  by  the  whole  of  the  Com- 
mittee. They  also  communicated  reports  of  cases  under 
the  Criminal  Law  Amendment  Act,  to  date,  together 
with  an  able  paper  thereon  by  Mr.  H.  Crompton.  The 


196  LABOUR   LEGISLATION 

Report  says  :  "  From  this  it  will  be  seen  that  all  the 
evils  predicted  in  the  Digest  (and  also  by  speakers  at 
deputations,  &c.)  have  come  to  pass,  and  hence  the 
necessity  for  immediate  action  by  this  Congress."  It 
adds  :  "  Your  Committee,  after  careful  consideration, 
feel  that  their  only  course  is  to  recommend  the  repeal 
of  the  Criminal  Law  Amendment  Act,  as  no  amount  of 
modification  or  amendment  can  correct  sufficiently  its 
mischievous  provisions,  or  obliterate  its  implied  stigma 
upon  the  trade  unionists  of  the  United  Kingdom." 

4.  Draft   Bill  on  Arbitration. — The    Committee    also 
presented    to    Congress    a    draft  Bill,  prepared    by   Mr. 
Rupert  Kettle,  on  arbitration,  as  directed  to  do  by  the 
London    Congress,  together  with  references  to  existing 
Acts.       They    further    reported    that    Messrs.    Samuel 
Morley,  Thomas  Brassey,  W.  H.  Smith,  A.  J.  Mundella, 
and  Thomas  Hughes  had  consented  to  back  the  Bill. 

5 .  Expenditure     of    Parliamentary     Committee.  —  The 
balance  sheet  presented    showed    that   the    total   income 
of  the   Committee    for  the   past   year,   March  8,   1871, 
to  January  4,  1872,  was  ^16  i6s.  od.     The  expenditure 
was    £ij    6s.    8d.  ;    due   to    treasurer,    IDS.   8d.      With 
the    exception    of  one    guinea,  cost    of  deputation,   the 
entire    amount — ^17     6s.    8d. — went    in    printing    and 
postage.     All  the  time  and  labour  were  given  gratuitously, 
freely,   joyfully.      Those    who   alleged    that   the  unions 
were    spending    money    freely    were    in    error.      Some 
asserted    it    malignantly,    in    the    hope    of    tainting    the 
reputation  of  the  labour  leaders,   by  accusing    them  of 
using    the    unions   for  their    own    pecuniary    advantage. 
But    the    mud   did    not  stick.      The  trade  unionists  of 
the    country    knew   better.      They   would    have    known 
from    their  own   reports    and    balance   sheets    if  money 
had  been   voted.     And   here  let  me  say  that,  if  it  had 
been,    it    would    have    been    perfectly  justifiable,   as    the 
work  done  was  for   their  own   benefit.      The  sneer  of 
"  bloated    delegates "    is    not    now    much    heard ;    then 
it  was  common.      The    age    has    changed,  so    have    the 
manners  in  this  respect. 


CRIMINAL   LAW   AMENDMENT   ACT  197 

6.  Prosecutions   under    the    Criminal  Law    Amendment 
Act. — There  is  no  need  now  to  go  over  the  list  of  cases 
referred  to  in  Mr.   Crompton's  paper,    as  a  longer  and 
more  complete  list  will  be  dealt  with  later  on.     For  the 
sake  of  clearness  the  whole  of  the  cases — the  memorials 
to  the   Home  Secretary,  and  deputations  to  him,  &c.— 
require  to  be  grouped  together,  as  nearly  as  possible   in 
chronological  order,  to  see  their  true  bearing   and  judge 
as  to  results. 

7.  IV.    The    Nottingham    Trades    Congress^    January    8 
to  13,  1872. — At  that  Congress  there  were  77  delegates, 
representing  63  societies,  with  an  aggregate  membership 
of   255,710.     Twelve    of  the   societies  or  bodies  repre- 
sented   were    political    or    general.     At    that    period    no 
exception    was    taken    to    associations    other    than    trade 
unions.     That  came  at    a  later   date,  when   an    attempt 
was  made    to  use  the  Congresses  for  party  or  personal 
purposes.     Then  followed  exclusion. 

8.  Reception    by    Mayor  and    Council. — The    Notting- 
ham   Congress    was    notable    for    the    splendid    public 
reception  given  to  the  delegates  in  the  Town  Hall,  lent 
for  the  occasion,  and  the   magnificent  banquet  given  to 
them  by  the  Mayor,  who  presided  in  the  full  dress  of  his 
office,  chain  and  all.     He  was  supported  by  Mr.  Samuel 
Morley,  M.P.,  Mr.  A.  J.  Mundella,  M.P.,  and  most  of 
the  local  celebrities.     Besides  which  the  townspeople  feasted 
the  delegates  with  breakfasts,  luncheons  and  dinners,  and 
entertained    them    with    soirees    in     the    evening.       The 
example    then    set    has    been     followed    in    subsequent 
Congresses,    but     Nottingham    still    holds    the    place    of 
honour    in    this    respect. 

9.  Congress  and  the  Committee  s    Report. — The   report 
of  the  Committee  was  adopted,  and  their  action  approved. 
The   Congress  resolved  to  agitate  for  the  repeal  of  the 
Criminal  Law  Amendment  Act ;  for    Bills    to    regulate 
mines ;     for     compensation    to     injured    workmen ;    to 
abolish    truck ;  for   weekly    payment    of  wages    without 
stoppages  ;    for  the   appointment    of  efficient   inspectors 
under  the  Factory  and  Workshop  Acts,  and  amendment 


198  LABOUR   LEGISLATION 

of  the  Friendly  Societies'  Act.  There  were  papers  and 
discussions  on  foreign  competition,  use  of  trade 
union  funds,  organisation  of  trades  councils,  and  other 
matters. 

10.  Constitution  of  Congress. — The  Congress  adopted  a 
series  of  standing  orders  for  the    government  of  future 
Congresses  ;  decided  against  the  reading  of  papers,  except 
in  special  cases,  and  then  only  subject  to  approval  by  the 
Standing    Orders    Committee.     A    Parliamentary    Com- 
mittee of  ten    were    elected    for    the    year    1872.     The 
work,  on  the  whole,  was  well  done  ;  its  programme  for 
the  next  Session  was  excellent,  being  clearly  mapped  out 
for  the  Committee. 

1 1 .  Working  for  Repeal  of  Criminal   Law  Amendment 
Act. — The  Trades  Congress  having  unanimously  resolved 
to  agitate  for  the  repeal  of  the  Criminal  Law  Amendment 
Act,  empowered  the   Parliamentary  Committee    to    take 
such  action  as  they  deemed  fit  to  carry  out  the  Congress's 
instructions.     The  Committee  was  similarly  authorised  to 
take  such  steps  as  to  them  appeared  desirable  in  respect  of 
the   other   matters   before    the    Congress,    and    especially 
those  affecting  labour  by  legislation.     The  order  was  a 
large  one,  for  the  session  of  1872  was  a  memorable  one 
in  the   annals  of  legislation,   as  regards  what  might   be 
termed    political    measures,     and    also    those     affecting 
industry. 

12.  Memorial   to  the    Home    Secretary — with    Cases. — 
The  first  duty  of  the  Parliamentary  Committee  was  to 
approach  the  Home  Secretary  on  the  subject  of  penal 
legislation    respecting    labour    in    the    previous    Session. 
This    was    done    by    a    carefully    prepared    memorial,  to 
which  was  appended  a  complete  list  of  cases  before  the 
courts,  from    the    passing   of  the  Criminal  Law  Amend- 
ment Act  to  the  date  of  the  memorial — middle  of  March, 
1872.     The    memorial   was    signed    by  Alexander  Mac- 
donald,     chairman ;     William     Allan,     treasurer  ;     and 
George  Howell,  secretary  of  the  Trades  Union   Congress 
Parliamentary  Committee.     The  memorial  set  forth  that 
it  represented  the  views  of  over  375,000  trade  unionists, 


CRIMINAL   LAW  AMENDMENT  ACT  199 

present  by  delegation  at  the  Congress,  and  as  many  more 
indirectly  who  regarded  the  Act  "  as  an  instrument  of 
oppression,"  as  shown  in  several  of  the  cases  adduced 
and  submitted. 

13.  Comments  and  Criticisms  on  the  Act. — The  memo- 
rialists then  went  on  to  submit  :   (i)  That   the  Act  pre- 
supposed    criminal    intentions     on    the    part    of   trade 
unionists  ;  this  was  in  itself  an  act  of  injustice,  caused  by 
imperfect  knowledge  as  to  the  aims,  objects,  and  working 
cf  trade  unions.     (2)  That  any  act   of  violence  against 
person  or  property,  either  by  an   individual  or  by  com- 
bination, was  fully  met  by  the  Common  Law,  as  to  assault, 
and  by  the  general  Statute  and  Common  Law,  as  applied 
to  all  other  subjects  of  the  realm  ;  the  application   of  a 
special  law  to  the  artisan  classes  cannot  but  be  regarded 
as  a  special  wrong,  they  being  as  incapable  of  openly  or 
secretly  violating  either  the  letter  or  spirit  of  the  laws  of 
the  land    as    any  other    portion    of  the  subjects  of  the 
Queen.     (3)  The  Home  Secretary's  attention  was  directed 
to  the  numerous  cases  of  prosecution  under  the  new  Act, 
and  to  the  great  injustice,  and  even  cruelty,  inflicted  by 
the  way  in  which  the  law  had  been  interpreted  and  en- 
forced.    With  regard   to   cases  of  violence    we  had   no 
apology  to    offer.     These,    we   all    admitted,    should  be 
punishable,  all  such  acts  being,  in  point  of  law,  assaults. 
(4)  That  were  a  new  law  necessary   to  punish  offences 
not    otherwise    provided  for,    there    were   no   definitions 
where  there  ought  to  have  been,  and  where  given   were 
vague  and  uncertain,  causing  hardship  in  the  cases  quoted, 
and  likely  to  do  so  in  the  working  of  an  exceptional  and 
class-made  Act.     The  memorial  urged  the  Government 
to  bring  in  a  Bill  to  repeal  the  Act,  or  support  such  Bill 
if  introduced,  as  it  operated  most  disadvantageously  to 
the  working  of  the  Trade  Union  Act.     If  repeal  were  not 
possible,  then  that  the  most  objectionable  provisions  be 
amended. 

14.  Summary    of   Cases. — The  cases  submitted  to  the 
Home  Secretary  consisted  of  the  best   newspaper  reports 
in    each   instance,  without  alteration  or  comment.     The 


200  LABOUR   LEGISLATION 

source  from  whence  taken  was  given,  so  that  their  accuracy 
could  be  tested.  It  is  unnecessary  to  reproduce  them, 
except  briefly,  here. 

(a]  The  first  cases  arose  out  oi  or  in  connection  with  the  engineers' 
strike  for  the  nine  hours  at  Newcastle-on-Tyne  and  Gateshead, 
August,  1871.  (l)  A  youth,  seventeen  years  of  age,  charged  with 
throwing  stones.  Was  not  mixed  up  with  the  strike,  yet  charged 
with  intimidation.  No  prosecutor,  so  this  charge  broke  down. 
Convicted,  on  evidence  of  policeman,  of  throwing  stones,  which  youth 
denied.  Sentenced  to  fourteen  days'  imprisonment.  (2)  A  miner 
charged  with  intimidation,  another  man  charged  with  same  offence. 
Bad  language  used  ;  each  sentenced  to  two  months'  imprisonment. 
(3)  A  youth,  eighteen  years  of  age,  charged  with  causing  annoyance, 
by  disorderly  following.  No  prosecutor,  charge  withdrawn,  but  fined 
2s.  6d.  and  costs.  The  youth  denied  the  charge  in  toto.  (4)  August 
1 4th,  several  charged  with  intimidating  and  assaulting  foreign  workmen. 
Some  imprisoned  for  six  weeks,  others  to  two  months.  Charges 
denied  in  each  case.  (5)  A  policeman  charged  with  assault,  arising  out 
of  case  under  the  Act  ;  evidence  said  to  have  been  conclusive.  Case 
dismissed.  (6)  Previous  to  these  there  were  charges  of  intimidation 
against  three  men  on  July  I2th  ;  charges  withdrawn  on  promise  of  the 
men  not  to  repeat  the  offence.  In  the  preceding  instances  the  com- 
plaint made  to  the  Home  Secretary  was  that,  in  ordinary  circumstances, 
a  fine  or  bond  to  keep  the  peace  would  have  sufficed,  that  the 
punishment  of  imprisonment  was  excessive  as  compared  with  the 
offence.  The  conduct  of  offenders  in  cases  proved  was  not  excused, 
but  a  just  leniency  was  suggested. 

(£)  The  following  and  subsequent  cases  were  reported 
at  greater  length,  as  the  element  of  personal  violence  did 
not  so  directly  arise  in  the  charges  before  the  magistrate. 

(l)  "  Thomas  Dorrington,  charged  (Gateshead  Police  Court)  with 
unlawfully  molesting  certain  workmen  by  watching  the  approach  to 
works  with  a  view  to  coerce  such  workmen  to  quit  their  employment." 
The  charge  was  simply  one  of  picketing  and  distributing  handbills. 
Asked  by  a  police  officer  what  he  was  doing,  he  refused  to  give  an 
explanation,  and  was  thereupon  taken  into  custody.  The  magistrates' 
clerk  suggested  that  prosecuting  counsel  must  alter  the  charge  before 
proceeding  further.  Prisoner's  counsel  protested,  and  asked  that  he 
be  discharged,  as  "  he  had  been  arrested  on  a  charge  that  was  un- 
tenable." The  magistrates'  clerk  again  interposed — "  the  man  was 
charged  with  molesting  workmen,  not  masters,  and  therefore  defendant 
must  be  discharged  upon  that  charge,  and  another  preferred."  The 
man  was  thereupon  charged  with  "  molesting  or  obstructing  the 


CRIMINAL   LAW  AMENDMENT  ACT  201 

masters,  with  the  view  of  coercing  such  masters  to  dismiss  or  cease  to 
employ  some  workman."  The  evidence  was  to  the  effect  that  the 
man  walked  up  and  down  near  the  works  and  gave  away  some  bills. 
"  Without  calling  upon  counsel  for  the  defence,  the  bench  discharged 
the  prisoner."  Another  man,  not  charged,  but  said  by  one  of  the 
policemen  to  have  been  in  the  company  of  Dorrington,  affirmed  in  a 
letter,  published  in  the  Newcastle  Daily  Chronicle,  that  the  "state- 
ment concerning  me  is  a  gross  falsehood ; "  and  that  the  further 
statement,  that  he  "walked  up  and  down  and  was  watching  the  factory 
gates,"  is  an  "  unmitigated  falsehood."  He  added  :  "  I  was  never  in 
the  company  of  Mr.  Dorrington  in  the  streets,"  and  had  nothing  to  do 
with  the  distribution  of  bills. 

(c]  (2)  John  Kennedy  was   charged  at  the  Gateshead    Police  Court 
on   April  8,  1871,  with  intimidation.     The   complainant  in  this  case 
stated  that  Kennedy  had  said  he  (John  McPherson)  would  "catch  it" 
if  he  continued  work,  as  the  men   were  on  strike.     The  evidence  was 
so  unsatisfactory  that  the  magistrates  said  they  had  "  great  pleasure  in 
dismissing  the  case.     But  the  young  man  had  been  in  custody  for  five 
days,    and  his    counsel   protested  that  he  was    detained  without    the 
shadow  of  a  case  against  him."     Counsel  further  protested  against  the 
remarks  of  one  of  the  magistrates,  who  justified  the  arrest,  and  pointed 
out  that,  as  an  employer  in  the  trade  in  which  the  dispute  existed,  he 
had  no  right  to  sit  and  adjudicate.     The  magistrates'  clerk  confirmed 
this. 

(3)  John   Lamb,   35,  charged   at  the   Newcastle   Police  Court,   on 
August  15,    1871,  with  "assaulting,   threatening,  and  intimidating  a 
workman "   at   Sir  William  Armstrong's  works.     The    evidence    was 
conflicting,  and  as  the  question  of   jurisdiction  arose  the    case    was 
dismissed. 

(4)  Daniel  Weallans,  20,  at  same  court,  on  August   I7th,  charged 
"  with  watching  and  besetting."     The  evidence  broke  down  and  the 
prisoner    was    discharged.      In    all    the    above    cases    the    men    were 
arrested  on  the  spot,  without  warrant ;  no  summons  issued  in  either 
case. 

(5)  Richard    Lamer,    45,    arrested    on    warrant    "for    unlawfully 
threatening  and  intimidating  "  T.  J.  Waters.     Charged  at  same  court 
on  same  date.     The  prisoner  called  the   complainant  a  "blackleg" 
and  threatened    him.      Sentenced  to  imprisonment   for  two  months. 
Counsel    contended    that    the    case    would    be   met   by  binding  over 
prisoner  to  keep  the  peace,  as  in  all  other  such  cases,  under  the  general 
law  of  the  land. 

(d]  (6)  Alexander  Barnes,  50,  charged  at  same  court  on  the  same 
date     with    "  being   drunk    and    disorderly    and    using    intimidating 
language."     Prisoner  denied  part  of  the  evidence,  but  the  magistrate 
said  the  case  was  proven.    Sentenced  to  imprisonment  for  two  months. 

(7)  George  Ramage,  a  lad  1 5  years  of  age,  charged  with  shouting 
something  through  a  window,  policeman  did  not  know  what.  Taken 
into  custody.  Prisoner  discharged,  on  promise  not  to  offend  again.  But 


202  LABOUR   LEGISLATION 

what  was  the    offence  ?     Shouting   from    a    room,    through    an  open 
window,  the  words  used  not  being  known  ! 

(8)  John  Elliot  and  William  Morgan  charged  with  violently  assault- 
ing an  interpreter.     Prosecuting  counsel   admitted  that  there  was  no 
evidence  of  assault  by  these   men.     The  charge  was  withdrawn,  and 
the  young  men  were  discharged.     These  were  two  apprentices,  and 
they  were  arrested,  without  proof  of  evidence,  by  the  police. 

(9)  Andrew  Watson,  45,  arrested  on  warrant,  charged  at  same  court, 
on  August   1 9th,  with  threatening  and  intimidating  George  Marman. 
It  was   shown   that  prisoner  was  drunk.     Sentenced  to  one  month's 
imprisonment. 

(10)  Same   court,  same  day,  James  Wise,   30,  arrested  on   warrant, 
charged  "  with  threatening  and  intimidating  "  Charles  Millar.    Prisoner 
was    drunk,    called    complainant    a    "  blackleg."    Sentenced    to    one 
month's  imprisonment. 

(n)  On  August  i8th,  three  engineers,  Henry  Gunston,  George 
Rock,  and  John  Burns,  charged  at  the  Gateshead  Police  Court  with 
"loitering  on  a  footway" — a  case  of  picketing  and  distributing  bills. 
Evidence  insufficient  to  commit,  and  the  case  was  dismissed.  The 
Bench  :  "  And  now,  my  men,  take  care  and  don't  do  it  again." 

(e)  (12)  On  the  same  date,  and  at  same  court,  Robert  Finch  and 
George  Rock  were  charged  with  obstruction  and  giving  away  handbills. 
The  only  evidence  was  that  of  two  policemen,  one  of  whom  took  Rock 
by  the  collar  and  wrested  the  bills  out  of  his  hand,  when  Rock  threatened 
to  summon  him.  The  Bench  fined  them  2s.  6d.  each  and  costs — 
total  us.  6d. — or  fourteen  days'  imprisonment  in  default. 

(13)  At  same  court,  on  same  date,  eight  other  men  were  charged 
with  a  similar  offence.      Chief   constable    Elliot,    who    appeared    as 
prosecutor  in  these  and  the  previous  cases,  asked  leave  of  the  bench  to 
withdraw  the  charge.     The  men  were  asked  to  promise  not  to  do  it 
again.     Counsel  opposed,  but  promise  given.     In  all  the  foregoing  ten 
cases   the   "offence"  charged  was  simply  delivering  handbills  in  the 
public    streets,    and  technically    obstructing    the  footpath.     For    this 
offence  the  men,  if  charged  at  all,  should  have  been  charged  under  the 
local   Acts  by    the  chief  constable,  whereas  the  charge  was   brought 
against  them  under  the  Criminal  Law  Amendment  Act.     Thus   the 
police  and  the  law  were  used,  in  the  employers'  interest,  against  the 
men  in  the  engineers'  strike  at  Newcastle. 

(14)  The   following  case  was  somewhat  singular  :   At  the   Leeds 
Assizes,  on   August   14,    1871,   the  case  of  Purchon  v.  Hartley  and 
others  was  heard.     Purchon  was  a  co-member,  with   defendants  and 
others,  of  the  Glass-bottle  Makers'    Society,  and  he  alleged  that  the 
members  of  the  branch  tried  to  oust  him  as  foreman  from  the  firm, 
and  make  the  firm  a  non-union   shop  unless  he  was  discharged.     A 
deputation  waited  upon  the  employer,  with  the  result  that  complainant 
was    discharged.     He    thereupon    entered    an    action    for  damages. 
"  There  was  quite  a  cloud  of  witnesses  for  the  defendants,"  said  the 
Newcastle    Chronicle,    but    the   jury    found    for    the    plaintiff,    ^300 


CRIMINAL   LAW  AMENDMENT   ACT  203 

damages.  This  case  was  included  in  the  list  only  because  of  the  date 
of  the  action,  so  as  not  to  exclude  any,  but  it  was  a  civil  action  for 
damages,  and  therefore  not  under  the  Act  in  question. 


15.  The  Hammersmith  Case. — (15)  The  following  case 
excited    a   good    deal    of  feeling    at    the    time.     At  the 
Hammersmith  Police  Court,  on  January  n,  1872,  George 
Turk    appeared    on    "  summons    taken    out    under    the 
Criminal  Law  Amendment  Act,  34  and  35  Viet.,  c.  32,  §  i, 
relating    to    violence,    threats,    and    molestation."       The 
prosecutor  was  one  of  the  firm  of  engineers   where  there 
was  a  strike.    The  men  had  requested  the  firm  to  concede 
a  nine  hours1  day.     The  firm  refused  on  account  of  con- 
tracts on  hand,  but   offered  to  accede   to  the  request  in 
three  months'  time.     The  men  refused  to  wait,  and  gave 
in  their    notices — Turk    among    the    number.     He  was 
charged  with  delivering  a  handbill  in  the  street  where  he 
lived,  opposite  to  the  employers'  premises.     The  handbill 
was   exceptionally  mild  ;  the   strongest  passages  were  as 
follows  :  After  stating   the  cause  of  strike,  it  said,  "We, 
therefore,  appeal  to  you  as  fellow- workmen,  not  to  enter 
into  any  engagement   with   our  late  employers  unless  on 
the  condition  that  the  nine  hours  per  day  commence  at 
once.     By  so  refusing  you  will  forward  our  cause,  as  well 
as   your  own  as  working   men."      The  words  in  italics 
were  quoted   to  show  that  "  coercion "  was   used.     The 
magistrates  "  ordered  the  defendant  to  be  imprisoned  for 
two  months." 

1 6.  Appeal    and  Its    Results. — Notice    of  appeal    was 
forthwith  given,  but  two  days  had  elapsed  before  bail  had 
been  accepted,  and  the  man — George  Turk — was  liberated. 
Meanwhile  he  had  to  suffer  the  disgrace  of  "  the  prison 
crop "    and    worked    u  on    the    treadmill    with    common 
felons."    The  appeal  had  not  been  heard  at  the  date  when 
the  list  was  compiled,  but  I  give  the  result  here  to  avoid 
having  to  recur  to  the  subject.     The  appeal  came  before 
the  Middlesex   Sessions  on  April  27,  1872.     Mr.  Henry 
James,  Q.C.,  M.P.  (now  Lord  James  of  Hereford)  and 
Mr,   Croome  appeared  for  George  Turk  ;   Mr.   Ffancis 


204  LABOUR   LEGISLATION 

appeared  for  the  prosecutors,  Messrs.  Gwynne  &  Co., 
engineers,  Hammersmith.  When  the  case  was  called 
prosecuting  counsel  stated  that  "  he  was  instructed  to 
offer  no  evidence  on  the  part  of  the  prosecution,  and 
consequently  the  case  would  be  withdrawn."  Defendant's 
counsel  (Mr.  Henry  James)  said  u  he  was  quite  prepared 
to  go  into  the  case,  but  he  had  no  alternative  but  to  accept 
their  proposal  to  withdraw  from  the  case."  The  conviction 
was  quashed  accordingly.  The  ending  of  this  case  was  very 
unsatisfactory  to  the  committee  who  provided  funds  for 
the  defence  and  appeal,  and  they  applied  to  the  solicitors, 
through  Mr.  H.  Stokoe,  the  secretary,  to  know  what  they 
could  do  to  carry  the  matter  farther,  or  compel  the  pro- 
secutors to  pay  the  costs.  They  could  do  nothing.  The 
firm  had  by  their  action  intimidated  their  workpeople  ; 
Turk  was  convicted,  and  treated  as  a  felon  ;  and  then  the 
committee  had  to  pay  all  the  costs  and  expenses  of  the 
defence.  But  the  case  had  this  good  result — it  led  to 
joint  action  by  Mr.  H.  James,  M.P.,  and  Mr.  W.  Vernon 
Harcourt,  M.P.,  and  the  Trades  Union  Congress  Parlia- 
mentary Committee  for  the  repeal  of  the  Act. 

17.  The  Eolton  Case. — (16)  Thomas  Wearden,  member 
of  the  Masons'  Society,  and  "  shop-steward  "  thereof  at 
Bolton,    was    charged    with    besetting    the    place  where 
Thomas  Cooper  worked,  with  a  view  to   coerce  him  to 
pay  a  fine  of  403.,  imposed  by  the  Bolton  branch  of  which 
he  also  was  a  member.     Cooper  refused  to  pay  the  fine 
or  an   instalment    thereof.     Wearden    then  went   to  the 
foreman,  and  after  dinner  the  men  picked  up  their  tools 
and  went  away.     On  the  following  day  the  men  resumed 
work,  Cooper  having  meanwhile  been  discharged.     The 
latter  thereupon  summoned  Wearden  for  molestation.    No 
threat  was  made  ;  an  instalment  of  a  fine  was  asked  for  ; 
but  the  man  was  discharged.     The  magistrates  committed 
defendant  for  one  month. 

1 8.  Appeal:    Conviction     Quashed.  --The     case    was 
regarded  as  of  sufficient  importance  to  warrant  an  appeal, 
and  notice  thereof  was  at  once  given,  the  man  Wearden 
being  admitted  to  bail.     The  appeal  was  heard  before  the 


CRIMINAL   LAW  AMENDMENT   ACT  205 

Recorder  of  Bolton.  The  case  was  argued  at  great  length, 
the  Recorder  taking  an  active  part  in  the  discussion.  It 
was  contended  that  Wearden  molested  Cooper  by  beset- 
ting the  place  where  he  worked  with  a  view  to  coerce 
him  to  pay  53.,  part  of  a  fine  imposed  by  the  Stonemasons' 
Society.  Mr.  Leresche  and  Mr.  C.  H.  Hopwood  argued 
that  there  was  no  legal  offence,  and  much  attention  was 
given  to  the  definition  of  the  word  "  beset."  The 
Recorder  quashed  the  conviction,  but  thought  that,  under 
the  circumstances,  it  being  a  test  case,  the  appellant  ought 
not  to  ask  for  costs.  Counsel  agreed  to  forego  the  costs. 
The  whole  question  of  the  operation  of  the  new  Criminal 
Amendment  Act  was  raised  in  the  Press  and  elsewhere  in 
connection  with  this  case. 

19.  A  Scotch  Case — Damages. — (17)  The  following,  a  Scotch  case,  was 
heard  before  SheriffLogie,  in  the  Small  Debt  Court,  Airdrie,  February  6, 
1872.     Edward  Burns  brought  an  action  to  recover  damages  from  four 
masons,  named  Crosby,  Lockhard,  McLay,  and  Gardner,  as  compensa- 
tion for  loss  sustained  by  being  deprived  of  employment,  by  combi- 
nation on  their  part,  they  having  informed  their  employer  that  if  he 
(Burns)  was  not  discharged  they  would  leave  work — that  is,  strike.     In 
consequence  of  this  he  was  discharged.     Defendants  denied  that  they 
had  unlawfully  combined  for  that  purpose.     The  evidence  went  to 
show  that  the  four  men  named,  members  of  the  Stonemasons'  Union, 
demanded   of    the   complainant  (called  the   pursuer)    73.    6d.   as   his 
contribution  due  to  the  society.     Burns,  the  pursuer,  said  he  did  not 
know  what  kind  of  society  it  was  ;  he  never  saw  the  rules  of  it,  though 
he  paid  for  them  ;  he  did  not  even  know  the  name  of  it,  though  he 
joined  it  when  he  entered  into  his  then  employment  !     The  conten- 
tion of  defendants'  counsel  was  that  the  men  were  perfectly  justified 
in    withholding   their    labour  if  they  thought    fit,  as   there  was    no 
contract  and  no  notice  required,  also  that  the  society  was  perfectly 
legal   under    the    Trade    Union    Act.     The    decision    was  given    on 
February  27,  1872,  by  Sheriff  Logic,  the  damages  being  £3   35.  each 
and   costs,  total  £12    125.  and  costs.     The  Sheriff  quoted    cases   to 
show  that  civil  damages  could  be  imposed  in  such   cases.     A  man 
could   leave  his  work  if    he    thought   fit,  but  if   he   and   others    in 
combination  did  so,  in  order   to  compel   the  employer  to  dismiss  a 
fellow- workman,  that  was  unlawful.     Damages  accordingly. 

20.  Women  Imprisoned. — (18)  On  August  14,   1871,  seven  women 
were    summoned  at   the    Me'rthyr   Police  Court  for  "watching  and 
besetting"  a  certain  place,  with  a  view  to  coerce  John  Howells,  a 
workman,  to    quit    his    employment.     One  other   woman  had   been 
summoned  but  failed  to  appear.     The  real  offence  charged,  or  rather 


206  LABOUR   LEGISLATION 

proved  in  evidence,  was  u shouting."  Some  denied  the  charge,  but  it 
appears  that  a  police  officer  gave  to  complainant  certain  names,  and 
these  were  summoned.  The  prosecutors  were  the  owners  of  a 
colliery  yard  at  Mountain  Ash.  On  the  following  day  the  magistrate 
gave  his  decision.  He  thought  the  charge  proven,  and  the  women 
were  sentenced  to  a  week's  imprisonment  in  Swansea  Gaol.  The 
women  had  no  legal  adviser  to  conduct  the  case  on  their  behalf,  or  to 
cross-examine  witnesses.  The  man  said  to  have  been  intimidated  was 
not  even  the  prosecutor. 

21.  Importance  of  List  of  Cases  given. — No  apology  is, 
I  think,  needed  for  giving  a  synopsis  of  the  cases  prepared 
and  presented  to  the  Home  Secretary,  showing  the  effect 
of  the  new  law — Criminal  Law  Amendment  Act,  1871. 
In  no  other  way  can  the  present  generation  understand 
the  strong  feeling  aroused  by  the  operation  of  the  new 
Act.  About  fifty  persons  had  been  prosecuted,  several 
of  whom,  including  six  women,  were  sent  to  gaol.  It 
was  felt  that  imprisonment  was  an  excessive  punishment 
in  nearly  all  the  cases  where  inflicted.  The  offence  under 
the  general  law  of  the  lanci  would,  in  the  worst  cases, 
have  been  punished  simply  by  binding  the  offender  over 
to  keep  the  peace.  Under  no  previous  law  was  the 
simple  delivery  of  bills  in  the  public  streets  an  offence, 
even  if  the  bills  were  in  themselves  unlawful,  except  in 
cases  of  sedition  or  treason  felony. 


CHAPTER  XXII 

AGITATION  AND  LABOUR  LEGISLATION  IN  THE  SEVENTIES  ! 
EFFORTS  TO  REPEAL  OR  AMEND  THE  CRIMINAL 
LAW  AMENDMENT  ACT 

r  I  "HE  agitation  evoked  by  the  enactment  of  the 
Criminal  Law  Amendment  Act,  and  by  its  ad- 
ministration as  soon  as  passed,  was  widespread,  syste- 
matic, and  thorough.  It  was  an  organised  demand  for 
the  repeal  of  a  bad  law,  intentionally  levelled  at  workmen, 
especially  when  acting  collectively.  Though  divided 
from  the  Trade  Union  Act,  it  was  passed  as  its  comple- 
ment, and  was  regarded  by  those  who  administered  it, 
and  by  the  public,  as  essentially  a  part  of  one  piece  of 
legislation.  The  Trade  Union  Act  gave  to  men  in  com- 
bination rights  too  long  withheld,  but  in  giving  those 
rights  the  legislature  insulted  the  recipients,  and  provided 
an  instrument  for  their  castigation.  The  working  classes 
of  the  kingdom  were  fortunate  in  this — they  were  led  by 
men  who  knew  what  they  were  about,  what  they  wanted, 
and  had  a  clear  idea  as  to  the  use  of  means  whereby  to  achieve 
what  they  desired.  The  Turk  case  at  Hammersmith  had 
brought  to  their  side  Mr.  Henry  James  (now  Lord  James 
of  Hereford)  and  Mr.  W.  V.  Harcourt  (now  Sir  William 
Harcourt),  and  the  Bolton  case  had  won  to  their  side 
Mr.  C.  H.  Hopwood  (now  Recorder  of  Liverpool). 
They  had  also  the  active  help  of  such  men  as  Mr. 
Frederic  Harrison,  Mr.  Henry  Crompton,  Mr.  Albert 
Crompton,  Mr.  R.  S.  Wright  (now  Mr.  Justice  Wright), 
and  in  Parliament  Messrs.  Hughes,  Mundella,  S.  Morley, 


207 


208  LABOUR   LEGISLATION 

Rathbone,  Brassey  (now  Lord  Brassey),  and  numerous 
others,  whose  advocacy  did  much  to  pave  the  way  to  an 
early  attainment  of  the  object  sought,  namely,  the  repeal  of 
the  Criminal  Law  Amendment  Act  and  other  Acts,  and 
further  labour  legislation  in  the  interests  of  labour. 

1.  Deputation  to  the  Home  Secretary. — The    memorial 
prepared,  together  with  the  printed  list  of  cases,  had  been 
sent  to  the  Home  Secretary  with  a  request  that  he  would 
receive  a    deputation   on   the    subject    of   the    repeal    of 
the  Criminal  Law  Amendment  Act.     Mr.   Bruce  fixed 
March    21,    1872,  for   the    formal   presentation    of   the 
memorial.     The  deputation  was  introduced  by  Mr.  A.  J. 
Mundella.     The  speakers  on  the  occasion  included  Mr. 
Alexander    Macdonald,    chairman,     and     Mr.     George 
Howell,  secretary  of  the  Parliamentary  Committee,  and 
Messrs.   George    Potter   and   John    Normansall.     There 
were  also  present  Mr.   Robert  Applegarth   and  George 
Odger,  of  the  London  Trades,  and  the  representatives  of 
the  textile  operatives,  the  miners,  and  other  trade  unions. 
Mr.  Howell  read  the  memorial,  and  referred  at  length  to 
some  of  the  cases   cited  ;    he  subsequently   made    some 
suggestions  for  amending  the  Act    if  the    Government 
could  not  see  their  way  clear  to  propose  its  repeal. 

2.  Mr.  Bruce  s  Attitude  and  Reply. — Mr.  Bruce  was 
most  conciliatory  in  his  reply.     He  reminded  the  deputa- 
tion that  the  Lords'  amendment  had  increased  the  strin- 
gency and  severity  of  the  Act,  and  that  the  Government 
had  voted  against   it.     He  said  that  it  was  passed  at  a 
time  when  feeling  ran  high,  and  the  cases  had  not  a  good 
chance  of  being  fairly  and  calmly  deliberated  and  adjudi- 
cated   upon.     He    thanked    the    deputation   for  the    in- 
formation given,  and  for  the  list  of  recorded  cases.     He 
promised  to  consider  the  whole  matter  and  to  examine 
into  the  interpretation  of  its   provisions  by  the  different 
justices.     In  time  he  thought  that  the  decisions,  instead 
of  being  at  variance,  would  become  more  uniform,  &c.    But 
uniformity  was  not  the  thing  desired.     The  deputation 
wanted  to  prevent  wrong  being  done,  and  men  being  sent 
to  gaol  for  trivial  offences. 


EFFORTS  TO   REPEAL  THE   C.L.A.A.  209 

3.  Efforts  to  Repeal  the  Criminal  Law  ^Amendment  Act. 
— Immediately  the  Session  of  1872  opened  Mr.  Alexander 
Macdonald,  chairman,  and  the  present  writer,  as  secretary 
to  the  Parliamentary  Committee,  acting  on  behalf  of  the 
Trades  Congress,  endeavoured  to  obtain  sufficient  support 
in  the  House  of  Commons  to  bring  in  a  Bill  for  the  repeal 
of  the  obnoxious    statute  ;    but    we   failed  to  secure  an 
adequate  number  of  influential  names  to  back  such  a  Bill. 
The  utmost  we  could  obtain  from  those  interviewed  was 
a  promise   to  support    an   amending   Bill,  restoring    the 
original  clause  before  it  was  mangled  by  the  House  of 
Lords,  and  the  introduction  of  some  definitions  to  prevent 
an  undue  straining  of  the  provisions  of  the  Act  by  the 
justices  and  others  who  administered  it.     The  Parliamen- 
tary Committee  met   to   consider   what  steps  should  be 
taken   to  carry  out  the  resolutions  of  the  Congress   on 
January   13,    1872  ;  then  followed  the  preparation  of  the 
"  cases  "  already  referred  to,  the  drafting  of  the  memorial 
to  the  Home  Secretary,  and  making  arrangements  for  its 
presentation  formally  in  due  course. 

4.  Lobbying  for    the    Unions.  —  As    representing    the 
Committee  and  the  Congress,  I  was  present  at  the  House 
of  Commons  daily,  beginning  with  the  first  day  of  the 
Session.     Mr.  Alexander  Macdonald,  as  chairman,  came 
to  London  on  February  i3th,  and  thereafter  we  attended 
the  House  together  daily.     On  February  I5th  I  had  an 
interview  with  Mr.  W.  Vernon  Harcourt,  who  expressed 
himself    warmly    against     the    Lords*    amendment,    and 
promised  his  assistance  to  repeal  that  portion  of  the  Act. 
How  much  further  he  would  go  he  could  not  tell  until  he 
had  gone  through  the  cases  which  I  was  then  engaged  in 
preparing.     On  the  day  following  Mr.   Macdonald  and 
the  writer  waited  upon  him  with  list  of  cases  up  to  that 
date,  and  also  the  digest  of  and  reports  on  the  two  Acts  of 
1871,  as  prepared  by  Messrs.  Crompton,  Harrison,  and 
the  Committee  in  1871. 

5.  Sir  William  liar  court  upon  the  Act. — Mr.  (now  Sir 
William)  Harcourt  went  with  us  minutely  over  the  pro- 
visions of  the  Act,  and  the  cases  up  to  date  which  had 

15 


210  LABOUR   LEGISLATION 

arisen  under  it.  He  told  us  frankly  that  the  House  of 
Commons  would  not  at  that  time  listen  for  one  moment 
to  the  question  of  total  repeal.  If  the  Committee  desired 
action  to  be  taken  to  remove  the  glaring  defects  of  the 
Act,  and  especially  the  clause  under  which  most  of  the 
convictions  had  taken  place,  he  would  do  all  in  his  power 
to  help  them.  He  strongly  condemned  the  construction 
of  the  Act,  whereby  many  bad  interpretations  had  been 
given,  some  ending  in  conviction  and  imprisonment. 

6.  Concession  as  to  Amendment  of  the  Act. — Our   reply 
was   that,  while  strongly  in   favour   of   total  repeal,  we 
should  gladly  accept  such  amendments  as  he  had  suggested, 
which  would  preclude  the  possibility  of  a  recurrence   of 
some  of    the  convictions  .which    had    taken    place.      He 
thought  that  a  resolution  in  the  House  condemnatory  of 
the  Act,  and  calling  upon  the  Home  Secretary  to  intro- 
duce an  amending  Bill,  would  be  the  best  way  to  proceed 
in   the   first  instance.     He   promised   to   see   Mr.   Bruce 
and    Mr.    Winterbotham,  and    inquire   what    action    the 
Government  proposed  to  take  in  the  matter,  and  report 
thereon  to  us. 

7.  Action   of  Parliamentary    Committee. — On   February 
1 7th  a  special  meeting  of  the  Committee  was  held,  con- 
sisting of  Messrs.  Macdonald  (chairman),  William  Allan 
(treasurer),    George    Howell    (secretary),    John     Kane, 
Thomas     Halliday,    William    Leigh,    George    Thomas, 
W.     H.     Leatherland,    Daniel    Higham,    and    William 
Hicking.     At   that  meeting  a  full  report  was  given   of 
all  that  had  been  done  and  attempted  to  be  done  up  to 
date.     The    action    of  the    chairman    and  secretary  was 
approved  unanimously,  and   also  what  was   being   done, 
and  proposed  to  be  done,  as  regards  the  preparation  of  a 
list  of  reported  cases,  of  a  memorial  to  the  Home  Secre- 
tary, deputation  to  the  Home  Secretary,  and  the  circula- 
tion of  reports  on  all  these  and  other  matters  respecting 
the    action    which    was    being    taken.     The    Committee 
reassembled  on  February  25th,  when   proofs   were   sub- 
mitted   of    the    memorial    and    cases.     They    were    also 
submitted    to    Mr.     Henry    Crompton,    Mr.    Frederic 


EFFORTS   TO    REPEAL  THE   C.L.A.A.  211 

Harrison,     and     Mr.    Vernon    Harcourt    for    approval, 
which  was  unanimously  given. 

8 .  Proposal  to  Amend  the  Criminal  Law  Amendment  Act. — 
Further  meetings  of  the  Committee  were  held  on  March 
1 6th,  1 9th,  and  2ist.     On  the  latter  day  the  deputation 
was  to  meet  the  Home  Secretary  to  present  the  memorial 
and  list  of  cases.     The  suggestions  as  to  amending  the 
Criminal  Law  Amendment  Act,  1871,  were  drawn  up  by 
Mr.  Henry  Crompton,  and  were  submitted  to  the  Home 
Secretary  by  Mr.  Howell   as  secretary.     There  was   no 
note  of  disapproval  to  the  suggested   amendments  if  a 
repeal  of  the  Act  was  found  to  be  impossible  either  by 
individual  members  of  the  Committee  or  other  persons, 
or   by  the  trade  unions  of  the  country,  to  whom  every 
document  and  suggestion  had  been  sent  for  approval. 

9.  Breakdown  of  Hammersmith  Appeal  Case. — A  brief 
synopsis  of  all  the  documents  adverted  to  has  been  already 
given,  and  also  the  report  of  the  deputation  to  the  Home 
Secretary,  and  need  not,  therefore,  be  repeated  or  further 
referred  to,  except  to  say  that  Mr.  Bruce  had  evinced  his 
readiness  to  reconsider  the  Act  in  the  light  of  the  cases 
and  the  representations  made  to  him  by  the  Parliamentary 
Committee  through  its  officers.     At  this  stage  consider- 
able delay  took  place  in  consequence  of  the  "  Hammer- 
smith Appeal  Case  "   of  Turk  <u.   Gwynne,  for,  it  was 
argued,    while    that    appeal    was    pending    it    would    be 
impossible  for  Parliament  to  listen  to  alleged  grievances 
under  the  Act,  or  to  any  advocacy  for  its  repeal  until  that 
was  decided.     The   hearing  of  the  appeal  was  fixed  for 
April  7,  1872,  when,  lo  !  it  wholly  broke  down   by  the 
withdrawal  of  the  prosecution.     The  Parliamentary  Com- 
mittee had  nothing  to  do  with  the  Hammersmith  case, 
the  whole  conduct  of  which  was  in  the  hands  of  a  local 
committee,  with  Mr.  Henry  Stokoe  as  secretary.     He  it 
was  who  collected  money  for  the  costs,  found  bail  for  the 
man,  George  Turk,  and  provided  for  the  appeal.     But  the 
officers  of   the   Parliamentary  Committee    kept  in   close 
touch  with  the  case,  because  of  its  importance  to  the  trade 
unions  of  the  country. 


212  LABOUR   LEGISLATION 

10.  Effect  of  that  Breakdown. — The  Committee  met  on 
April  29th  to  consider  the  situation   and  decide  upon  a 
policy.     Great  dissatisfaction  was  felt  at  the  result  of  the 
appeal,  and  regret  was  expressed  that  there  was  no  means 
whereby  the  appellant  could  force  the  prosecution  to   a 
definite  issue.     The  Committee  instructed  the  secretary  to 
send  a  report  of  the  case  to  Mr.  W.  Vernon  Harcourt, 
and  to  arrange  an  interview  with  him  without  delay.     He 
met  Mr.  Macdonald  and  the  writer  that  evening,  when 
they  explained  to  him  the  whole  circumstances  connected 
with  the  Hammersmith  case,  and   expressed   their  deep 
regret  at  the  unexpected  and  unsatisfactory  ending  of  it. 
Mr.  Harcourt  thereupon  went  to  Mr.  Henry  James,  who 
was  one  of  the  counsel  in  the  case  for  Turk,  the  appellant, 
and    they    returned    together    to    us.      Mr.    James    fully 
explained  the  legal  bearings  of  the  case,  saying  that  it  was 
a  "  monstrous  decision  of  the  magistrate  "  who  convicted. 
He    also   strongly  condemned    the   whole  tenor    of   the 
criminal   clauses   of  the  Act.     We  thereupon   requested 
him  "  to  aid  the  Committee  in  getting  rid  of  such  a  one- 
sided and  unjust  piece  of  legislation."     He  readily  replied 
that  he  would  help  Mr.  Harcourt  to  amend  the  Act.     As 
to  the  course  to  be  adopted,  Mr.  James  advised   a  Bill 
in  preference  to  an  abstract  resolution,  which  would  do 
no    practical   good.     Mr.    Mundella,    who   was   present, 
concurred  in  that  view. 

1 1 .  Conference  with  Members  of  Parliament. — The  next 
step   taken  was  to  call  a  conference  of  such  members  of 
Parliament  as  had  replied  favourably  to  the  Committee's 
appeal,  which  conference  was  held  on  May  2nd.      Every 
point  connected  with  the  Act,  and  the   decisions  there- 
under, were  discussed,  when  it  was  agreed  to  draft  a  Bill 
dealing    with     the    picketing    clauses,    and     the    general 
phraseology  of  the  Act.      On  the  following  morning  the 
Committee  met,  when  all  the  facts  were   fully  reported, 
and    the    action    of  the    chairman  and  secretary  was   in 
all  respects   approved.      It  is  necessary  that  I  should  be 
precise  here  as  to  all  the  dates  and  facts,  because  our  policy 
was  criticised   subsequently  until  the  whole  circumstances 
were  explained. 


EFFORTS  TO   REPEAL  THE   C.L.A.A.  213 

12.  An  Amendment  Bill  Drafted. — I  was  then  instructed 
to  see  Mr.  R.  S.  Wright  (now  Mr.  Justice  Wright)  and 
ask  him  to  draft  a  Bill.     I  had  several  interviews  with 
him,  and  when  the  measure  was  drafted  it  was  submitted 
to   Mr.  Harcourt  and   Mr.   James.     On    May  6th  the 
draft  Bill  was  discussed  at  length  in  the  Members'  Room, 
House    of  Commons,   and    in    outline   agreed   to.     The 
revised  draft  was  taken  by  me  to  Mr.  Harcourt  on  the 
following  day,  when   its  provisions  were  again  discussed. 
On  that  occasion  he  told  me  that  Mr.  Bruce,  Mr.  Gathorne 
Hardy,  Sir  John  Coleridge,  and  others  to  whom  he  had 
spoken,  agreed  with  the  reasonableness  of  our  demands, 
and  promised  to  be  no  obstacle  to  their  being  passed. 

13.  Endorsement  of  Bill  by  Trade   Unions. — The  draft 
Bill  as  amended  was  then  printed,  and  copies  were  sent  on 
May   nth   to  Messrs.   Harcourt,   James,  Harrison,  and 
Crompton,  to  all  members  of  the  Parliamentary  Committee, 
and  to  several  leading  trades  unionists.     The  only  person 
who  wrote    expressing    dissatisfaction  with  the  Bill  was 
Mr.  Daniel  Guile.     When   finally  revised   the  Bill  was 
handed  in  at  the  Bill  Office  for  the  Queen's  printers  on 
May  13,  1872.     It  was  issued  to  members  of  Parliament 
on  May  i8th,  and  copies  were  sent  to  the  trade  union 
secretaries  of  the  country.     On  Saturday,  June  i,  articles 
appeared  in  the  Beehive  from  Professor  Beesly  and  Mr. 
F.    Harrison    adversely    criticising    the    Bill  ;    but    these 
articles  were  based  on  the  proof  copies  of  the  draft  Bill  sent 
out  before  the  final  revision.     When  the  Bill  was  examined 
it  was  found  that  the  special  clause  objected  to  had  been 
deleted.     It  never  was  in  the  Bill  as  revised  and  issued  by 
Parliament,  which  was  the  Bill  of  the  Committee. 

14.  Adverse  Criticism  of  the  Bill. — In  my  official  capacity 
I  immediately  called  the  London  members  of  that  Com- 
mittee together.     They  met  on  June  6th,  when  it  was 
agreed  to  summon  a  special  meeting  of  the  whole  Com- 
mittee to  consider  the  Bill  in  question  and  other  Bills 
then  before  the  House  of  Commons.     Notices  were  posted 
on  June  7th,  the  Committee  assembled  on  June  I3th,  and 
met  again  the  following  day.     After  a  full  discussion  of 


214  LABOUR   LEGISLATION 

all  the  points,  and  explanations  had  been  given,  the  action 
of  the  officials  and  of  the  London  members  was  unani- 
mously approved. 

15.  Cause   of  Difference    Explained. — The    articles    of 
Professor  Beesly  and  Mr.  F.  Harrison  led  to  some   dis- 
cussion in  the  Press  and  to  much  correspondence  with  the 
officials  of  trade  unions  and  trade  councils  in  various  parts 
of  the  country.     After  a  full  explanation  of  the  points  at 
issue  the  replies  received  from  every   union   and   trades 
council   endorsed   the   action   of  the  Committee  and  the 
Bill.     Mr.  W.  Vernon   Harcourt's  conduct  at  this  crisis 
deserves  mention.     I  met  him  in  the  Lobby  of  the  House 
of  Commons,  when  he  said  to   me,  "  I  think  you  have 
been    unfairly  attacked   in    the    Beehive.     I   thought  of 
writing  on  the  subject,  so  as  to  put  matters  right."     He 
sketched  out  his  article  or  letter.     I  said  it  was  excellent. 
He  sent  it,  the  Beehive  published  it,  and  our  attitude  and 
action    was    approved.     This   act    of    Mr.    W.    Vernon 
Harcourt  put  us  right  with  the  unions  and  the  country. 
The  incident,  however,  gave  members  of  the  House  of 
Commons  an  excuse  for  not   supporting  the  Bill,  which 
they  readily  availed  themselves  of  to  our  disappointment. 

1 6.  Debate    in    House    of    Commons. — Our    friends    in 
Parliament  who  had  backed  the  Bill  stuck  to  it.     Night 
after    night    it    appeared  on    the    Notice   Paper,  but    no 
progress  could  be  made.     Mr.  Macdonald  and  I  were  in 
the  Lobby  daily  canvassing  for  support,  but  every  obstacle 
was  thrown  in  the  way  to  prevent  any  further  progress 
with  the  measure.     After  much  delay,  however,  a  night 
was  secured  for  the  second  reading,  the  best  that  could  be 
secured.     It  was   Friday,  July   5,    1872.     A  number  of 
friends  had  consented  to  remain  at  the  House  until  after 
midnight  for  the  purpose  of  ensuring  a  debate.     It  was 
nearly  half-past    one    on    Saturday  morning    before  Mr. 
Harcourt  could  rise  to  move  the  second  reading  of  the 
Bill.     Very  able  and  conclusive  speeches  were  made  in  its 
support  by  Messrs.  Harcourt,  H.  James,  Auberon  Herbert, 
and  A.  J.  Mundella.     At  length  Lord  Elcho  (now  Earl 
Wemyss)  moved  the  adjournment  of  the  debate,  on  the 


EFFORTS  TO   REPEAL  THE   C.L.A.A.  215 

ground  of  "  the  lateness  of  the  hour/'  The  motion  was 
carried  by  a  majority  of  two,  and  thus  the  Bill  was  got  rid 
of  for  that  Session. 

17.  Attitude    of   Mr.    Bruce. — The     debate    on    that 
occasion  was  pretty  fully  described  by  me  in  the  Beehive 
of  July   13,    1872.     Its  painful   memories   need   not  be 
revived  now.     But  Mr.  Bruce's  attitude  cannot  be  silently 
passed  over.     He  defended  the  picketing  clauses  of  the 
Act.     The    Government    intended   to  make  picketing  a 
special  penal  offence,  and  were  not  prepared  to  take  it  out 
of  that  category.     The  tenor  of  his  whole  speech  was  in 
opposition    to    any    amendment    of  the    Act — quite    the 
opposite  to  his  attitude  at  our  several  interviews,  and  in 
flat  contradiction  to  his  letter  to  his  constituents  on  April 
2,  1872.     The  conduct  of  Mr.  Bruce  has  always  been  to 
me  wholly  inexplicable.     Most  kind-hearted  by  nature,  he 
was  open  to  sympathetic  feeling  when  approached  upon 
the  subject  and  the  dire  effects  of  the  Act,  by  prosecution 
and  imprisonment,  were  pointed  out  to  him — loss  of  liberty 
and  heavy  expense  for  offences,  if  offences  they  were — and 
in  some  cases  we  disputed  this — so  trivial  that  a  court  of 
law  ought  never  to  have  been  appealed  to  at  all.     But  the 
evil  genius  to  which  I  have  already  referred  seemed  to  be 
at  work,  and  it  was  powerful  enough  to  overawe   Mr. 
Bruce's    better  judgment    as  expressed    at  private  inter- 
views, to  public  deputations,  to  colleagues  in  the   House 
of  Commons,  and  by  letter  to  his  constituents. 

1 8.  Mr.  Har  courts  Motion. — Although  the  debate  on 
the    Bill    was    only  adjourned,  we    knew    that    it    meant 
shelving  the  measure  for  that  Session.     I  therefore  again 
consulted  Mr.  Harcourt,  who  agreed  that  the  position  was 
an    unsatisfactory  one,  and   he    consented    to    take    such 
further  action  as   might  be  possible  under  the   circum- 
stances.    He  accordingly  brought  the  matter  before  the 
House  on  a  motion  for  adjournment.     During  his  speech 
he  asked  Mr.  Gladstone  "  whether,  in  consequence  of  the 
recent  convictions  under  the  Criminal  Law  Amendment 
Act,  1871,  Her  Majesty's  Government  would  bring  in  a 
Bill  this  Session  to  amend  and  define  the  law,  or  afford 


216  LABOUR   LEGISLATION 

facilities  for  a  discussion  of  a  measure  having  that  object." 
In  the  course  of  an  able  and  effective  speech  he  appealed 
to  the  Government  to  either  take  the  matter  up  them- 
selves or  to  give  facilities  for  its  discussion.  It  was 

&  .  .... 

urgent,  prosecutions    were    numerous,  and   injustice  was 

being  done. 

19.  Mr.   Gladstone  s  Attitude. — Mr.  Gladstone  was  not 
impressed  with  the  importance  of  the  subject.     His  reply 
was  chiefly  jocular,  devoted  to  a  criticism  of  the  way  in 
which  Mr.  Harcourt  had  raised  the  question.     But  there 
was  no  other  method  — and  Mr.  Gladstone  knew  it.     In 
the  course  of  his  speech  he  distinctly  declared  that  "  he 
was  sorry  to  say  that  the  Government  were  not  prepared 
to  bring  in  a  Bill  this  Session  for  the  purpose  of  amending 
or  defining  the  Criminal  Law  Amendment  Act,  or  to  set 
aside   other  urgent  public  business   in   order  to   allow  a 
discussion     upon    the    subject    of    that    measure."     Mr. 
Gladstone,  further,  threw  upon  trade  societies  the  onus 
of    appealing     in    the    Bolton    and    Hammersmith    cases 
against  the  decisions  given.     This  meant  ruinous  expense 
to  the    unions.     But  he  ought  to  have  known   that  an 
appeal  in  the  Hammersmith  case  was  impossible,  and  that 
in  the    Bolton  case   it   was   unnecessary.     In  both    cases 
suffering  was  endured  by  those  unjustly  prosecuted,  and 
large  sums  were  expended  in  the  defence  of  those  men. 

20.  Bill   Abandoned. — As    nothing    further    could    be 
done  in  Parliament,  at  the  fag-end  of  the  Session  of  1872, 
the  order  for  the  Bill  was  discharged.     The  Parliamentary 
Committee  had  done  their  best  to  amend  a  very  bad  law, 
in  order  to  prevent  a  recurrence  of  the  unjust  and  cruel 
prosecutions  which  had  taken  place  under  its  provisions. 
It    was    the    smallest    concession    that    could    have    been 
accepted  by  the  trades  of  the  country.     The  Committee 
came  to  the  conclusion   that  such  a  small  modicum   of 
reform  could  never  again  be  proposed  or  supported.     In 
this  spirit  they  reported  to  the  next  Congress.     Amend- 
ment was  rejected  ;  absolute  repeal  must  be  demanded. 


CHAPTER  XXIII 

LABOUR    LEGISLATION    IN    THE    SESSION    OF     1872 

A  LTHOUGH  we  failed,  miserably  failed,  to  repeal 
y~\_  or  even  to  modify  the  provisions  of  the  Criminal 
Law  Amendment  Act,  1871,  during  the  Session  of  1872, 
yet  the  Session  was  an  important  one  as  regards  legislation 
for  labour,  and  for  advancing  some  measures  towards  a 
foremost  place  in  the  near  future.  The  Trade  Union 
Act,  1871,  remains  to  this  day  as  one  of  the  brilliant 
achievements  of  Mr.  Gladstone's  Government,  1868  to 
1874,  marred  by  the  twin-measure,  so  disastrous  in 
character  as  to  call  forth  the  severest  condemnation  of 
workers  of  all  shades  of  opinion.  Their  urgent  demand 
for  its  repeal  was  such  that  those  who  had  supported  the 
Act  most  eagerly  had,  at  no  distant  date,  to  accede  to  the 
demand,  since  which  both  political  parties  lay  claim  to  the 
victory.  This  one  fact  alone  enhances  the  triumph  of 
those  who  were  the  pioneer  soldiers  in  that  bitter  battle, 
of  whom  Robert  Applegarth,  George  Shipton,  and  I  are 
now  the  only  three  survivors  who  took  part  in  all  the 
earlier  events  of  1871  and  1872.  Leaving  now  for  a 
while  the  story  of  the  Criminal  Law  Amendment  Act 
and  efforts  for  its  repeal,  other  measures  in  1872  require 
to  be  dealt  with. 

i.  The  Mines  Regulation  Acts,  1872. — The  protection 
of  miners  is  a  branch  of  legislation  of  the  same  group  as 
the  Factory  Acts,  and  can  only  be  referred  to  here  briefly 
as  part  of  the  work  which  devolved  upon  the  Parlia- 
mentary Committee  in  the  Session  of  1872.  The  chief 


217 


218  LABOUR   LEGISLATION 

labour  in  connection  with  these  measures  fell  to  the  lot 
of  the  miners'  delegates,  whose  devotion,  earnestness,  and 
practical  ability  had  paved  the  way,  and  whose  fairness  and 
prudence  did  much,  during  their  passage  through  Parlia- 
ment, to  ensure  their  acceptance  with  no  serious  mutilation. 
Without  being  invidious,  it  is  only  right  to  say  that 
Alexander  Macdonald  deserves  much  credit  for  his  onerous 
share  in  that  important  work.  I  was  ever  by  his  side  as 
friend,  counsellor,  and  helper,  representing  the  Parlia- 
mentary Committee  of  which  he  was  chairman.  Some  of 
the  miners'  delegates  deserving  mention,  were  Thomas 
Halliday,  William  Pickard,  John  Normansell,  William 
Crawford,  and  some  others  at  that  date  well  known. 

2.  Government  Bills. — The  Bills  of  the   Government 
embodied  demands    often  made    by  miners'  conferences, 
either  in  the  Coal   Mines  Regulation,  or  its  companion 
measure,  the  Metalliferous  Mines'  Bills  of  1872.      Mine- 
owners  resented  the  "  interference  "  and  regulation,  but 
Mr.   Bruce,  himself  largely  interested  in  mines,  steered 
the  measures  safely  through  all  their  stages.     The  Parlia- 
mentary Committee  considered  and   reported    upon    the 
measures  on  February  23rd,  their  report  being  sent  to  the 
newspapers,  in    which    all   trade   unions    were    urged    to 
support  them.    A  further  report  was  issued  on  April  i  jth, 
and  on  the  I5th  a  letter  of  mine  appeared  in  the  Times , 
in  which  some  concessions  to  the  mineowners  were  con- 
demned, especially  as  to  the  employment  of  women  and 
children.     This  joint  action  between  the  miners'  delegates 
and    the    Parliamentary    Committee    assisted    greatly    in 
overcoming   opposition  to  the  measures,  and  helped   to 
ensure  their  passing  into  law  as  35  and  36  Viet.,  c.c.  76 
and  77,  in  the  Session  of  1872. 

3.  The    Arbitration  Act^   1872. — The  subject  of  arbi- 
tration and  conciliation  in   labour  disputes  will  be  dealt 
with  in  a  future  chapter ; *  for  the  present,  therefore,  only 
incidents  as  to  the  preparation  and  passing  of  the  Bill  will 
be  referred  to.     In  the  two  first  Trades  Union  Congresses 
resolutions  in  favour  of  arbitration  were  adopted.     At  the 

'  Sec  Chap.  XXXIX. 


IN   THE   SESSION   OF   1872  219 

third  Congress,  in  London  (1871),  the  Parliamentary 
Committee  were  instructed  to  prepare  a  Bill  to  lay  before 
the  fourth  Congress,  held  in  Nottingham  in  January, 
1872.  Mr.  (afterwards  Sir  Rupert)  Kettle  was  kind 
enough  to  draft  a  Bill,  which  the  Congress  approved.  The 
new  Parliamentary  Committee  thereupon  instructed  me, 
as  secretary,  to  send  the  draft  Bill  to  the  five  members 
who  had  consented  to  back  the  Bill,  namely,  Mr.  Samuel 
Morley,  Mr.  Thomas  Brassey,  Mr.  W.  H.  Smith,  Mr. 
Thomas  Hughes,  and  Mr.  A.  J.  Mundella,  and  arrange 
for  an  interview.  I  met  them  on  February  28,  1872, 
when  some  exception  was  taken  to  the  form  and  wording 
of  the  measure.  As  we  did  not  expect  to  get  further  than 
the  first  or  at  most  second  reading  of  the  Bill,  I  asked 
them  to  introduce  it  as  a  feeler.  It  was  suggested,  how- 
ever, that  the  Bill  should  be  referred  to  Mr.  R.  S. 
Wright.  At  a  meeting  of  the  Committee  on  the 
following  day,  with  the  five  members  named,  it  was 
agreed  to  refer  the  Bill  to  Mr.  R.  S.  Wright,  and 
meet  again  to  discuss  the  matter.  The  meeting  sug- 
gested that  I  should  write  to  Mr.  Rupert  Kettle  asking 
him  to  prepare  a  short  memorandum  as  to  the  object  and 
purposes  of  the  Bill.  I  did  so.  On  March  7th  I  received 
from  him  a  full  and  clear  statement  as  to  the  objects, 
purport,  and  intentions  of  the  measure.  That  statement 
appeared  in  the  Beehive  of  March  2jrd,  slips  being  sent 
to  the  backers  of  the  Bill,  to  Messrs.  Kettle,  Crompton, 
Wright,  and  all  members  of  the  Committee. 

4.  Sir  Rupert  Kettle's  Bill. — Some  delay  having  taken 
place,  it  was  feared  that  the  Session  might  pass  without 
anything  being  done.  The  Committee,  therefore,  in- 
structed me  as  secretary  to  see  Mr.  Mundella,  with 
respect  to  the  introduction  of  the  Bill,  which  I  did  on 
March  i9th  ;  I  also  saw  Mr.  Wright,  who  decided  that 
the  Bill  as  it  stood  would  not  affect  the  object  intended. 
On  April  3rd  I  met  Mr.  Kettle  at  Bolton  and  told  him 
how  we  stood.  He  endorsed  all  that  we  had  done, 
though  he  thought  that  his  Bill  as  drafted  met  the  case. 
On  April  6th  Mr.  Macdonald  and  I  saw  Mr.  Wright, 


220  LABOUR   LEGISLATION 

and  went  over  the  whole  subject;  on  the  1 3th  we  met 
again,  when  the  draft  outline  was  settled.  On  the  i5th 
and  1 6th  the  Committee  met  members  of  the  House, 
when  it  was  decided  to  introduce  the  Bill  on  April  lyth, 
and  on  the  i8th  it  was  handed  in  to  the  Queen's  printers. 

5.  Mr.  Wright's  Bill — Passed. — There  were,  after  the 
issue  of  the  Bill,  many  interviews  with  Mr.  Wright,  Mr. 
Kettle,  the   backers  of  the  Bill,  and  other   members  of 
Parliament.     The    Bill    was    read    a    second    time    on 
June  1 2th.     On  July  I2th  the  Bill  passed  through  Com- 
mittee without  a  division.      On  July    iyth  it   passed   a 
third  reading.     Lord  Kinnaird  took  charge  of  it  in  the 
House  of  Lords,  where  it  passed  all  its  stages  unopposed, 
and    received    the    Royal    Assent    on   August    6,    1872. 
The  Act  was  never  put  in  force,  as  it  was  hampered  by 
the  limitations  of  the  Act  of  1824,  but  the  object  was 
good,  and  as  a  piece  of  legislation  on  the  old  lines  it  was 
excellent.     Mr.   Mundella  in   the   House   of  Commons, 
Lord  Kinnaird  in  the  House  of  Lords,  and  Mr.  R.  S. 
Wright  deserve  much  praise  in  this  connection,  as  do  all 
those  who  backed  the  Bill,  and  Mr.  J.  Hinde  Palmer  for 
valuable  suggestions. 

6.  The    Factory    Workers     Nine    Hours     Bill.— This 
measure  was    promoted    by    a    committee    composed    of 
factory  operatives    and    others,  among    the    latter    being 
Lord  Shaftesbury,  to  whom  the  workers  in  textile   mills 
and  factories  owe  so  much.     In  consequence  of  the  resolu- 
tion passed  on  this  subject  at  the  Nottingham  Congress, 
the  Parliamentary  Committee  offered  their  services  to  the 
"  Factory  Workers'  Short-time  Committee  "  in  any  way 
the  latter  thought  expedient,  in  order  to  ensure  united 
support  for  the  Bill.     Some  members  of  the  latter  com- 
mittee, which  was  composed  of  trade  unionists,  and  non- 
unionists,    thought    it    inadvisable    for    the    Congress's 
Committee  to  take  any  active  part  in  the  movement  as 
an  organised   body,  and   accordingly  we   abstained  from 
active  participation  in  the  work.      Later  on,  however,  the 
delegates  of  the  factory  workers  held  a  meeting,  when  it 
was  unanimously  resolved  to  ask  our  co-operation,  which 


IN   THE   SESSION    OF    1872  221 

was  promptly  and  cheerfully  rendered  thenceforth.  In 
recording  this  incident  let  me  say  that  the  interviews 
between  the  two  bodies  were  perfectly  cordial  from  first 
to  last.  The  only  question  that  arose  was  one  of  policy 
— expediency  ;  there  was  no  friction  ;  both  sides  acted  in 
good  faith,  the  only  object  being  to  promote  the  success 
of  the  Bill. 

7.  Its  Supporters  and  Fate  in  House  of  Commons. — The 
subject  of  factory  legislation  requires  to  be  dealt  with  as 
one  of  the  groups  of  Protective  Acts.  For  the  present  I 
only  touch  upon  what  was  done  in  the  Session  of  1872. 
Mr.  A.  J.  Mundella  had  charge  of  the  Bill,  which  was 
backed  by  Messrs.  George  Anderson,  Samuel  Morley, 
R.  N.  Philips,  Thomas  Hughes,  R.  M.  Carter,  Richard 
Shaw,  J.  Hinde  Palmer,  and  George  Armistead.  It  was 
introduced  by  Mr.  Mundella,  and  read  a  first  time  on 
April  1 5th.  Day  after  day,  week  after  week  it  was  down 
upon  the  Notice  Paper  of  the  House  of  Commons  for  a 
second  reading  until  July  3ist,  when,  being  the  third 
Bill  on  the  list,  it  failed  to  obtain  a  place.  Mr.  Mundella 
was  untiring  in  his  efforts,  but  he  found  scant  support  in 
the  House.  The  Factory  Operatives'  Committee  and 
the  members  of  the  Parliamentary  Committee,  jointly  and 
severally,  did  all  they  could  to  ensure  support  for  the  Bill ; 
opposition  and  obstacles  of  all  kinds  were  encountered, 
and  from  all  quarters.  Night  after  night  we  were  in  the 
Lobby  to  answer  questions,  to  urge  support,  and  give 
information,  but  to  no  purpose,  as  far  as  progress  with 
the  Bill  was  concerned.  Our  efforts,  however,  met  with 
some  success,  for  the  Government  appointed  a  Commission 
to  inquire  into  the  working  of  the  Factory  Acts  and  as 
to  the  effects  of  factory  life  upon  the  workers,  physically 
and  socially,  which  Commission  did  its  work  conscientiously 
and  most  efficiently,  and  paved  the  way  for  legislation. 
Messrs.  Birtwistle,  Leigh,  Ashton,  Mawdsley,  and  others, 
representing  the  textile  operatives,  worked  arduously  for 
their  constituents  ;  they  deserved  success,  and  obtained  it 
subsequently,  after  some  further  delay.  But  the  factory 
delegates  felt  aggrieved  at  their  failure.  At  a  delegate 


222  LABOUR   LEGISLATION 

meeting  held  at  the  Westminster  Palace  Hotel  on 
August  31,  1872,  a  resolution  condemnatory  of  the 
attitude  of  the  House  of  Commons  was  carried,  and  it 
was  resolved  to  "  prosecute  and  promote  the  agitation  for 
the  Nine  Hours*  Bill  until  it  was  brought  to  a  successful 
termination."  Though  beaten  for  a  time  they  were  not 
disheartened,  and  in  due  season  they  reaped  their  reward. 
8.  Truck — Payment  of  Wages  Bill. — This  was  a 
Government  Bill,  brought  in  by  Mr.  Bruce  and  Mr. 
Winterbotham  on  February  22,  1872,  but  at  so  late  an 
hour  that  no  remarks  of  any  kind  were  made,  either  on 
the  part  of  the  Government  or  by  any  member  in  the 
House.  This  subject  also  will  be  dealt  with  in  another 
chapter;1  meanwhile  the  main  facts  as  to  this  particular 
Bill  may  be  related.  On  March  6th  I  obtained  informa- 
tion to  the  effect  that  a  movement  was  on  foot  to  get  the 
Bill  referred  to  a  Select  Committee,  with  the  intention  of 
shelving  it  if  possible.  I  thereupon  called  the  Committee 
together,  to  consult  and  decide  upon  some  line  of  action. 
The  Committee  regarded  any  such  reference  unnecessary, 
seeing  that  a  Royal  Commission  had  only  recently 
inquired  into  the  subject,  and  reported.  But,  if  referred 
at  all,  the  Committee  urged  that  the  Bill  be  only  so 
referred  after  being  read  a  second  time.  I  was  therefore 
instructed  to  take  prompt  action  by  promoting  petitions 
to  the  House  of  Commons,  memorials  and  resolutions  to 
be  sent  to  Ministers,  and  resolutions  from  constituencies 
to  their  representatives  in  Parliament.  Meetings  were 
organised  in  constituencies  where  it  was  understood  that 
the  local  member  was  opposed  to  the  Bill.  All  kinds  of 
legitimate  political  pressure  was  brought  to  bear  in 
support  of  the  Government  measure.  The  contention 
was  that  if  the  Bill  was  referred  before  the  second 
reading  the  entire  scope  of  the  measure  could  be  recast 
and  remodelled  ;  after  the  second  reading,  when  the 
principle  of  a  Bill  is  affirmed,  the  amendments  must 
conform  to  the  main  principle  of  the  Bill.  We  therefore 
went  upon  these  lines  in  our  agitation. 
1  See  Chap.  XXXVII. 


IN   THE   SESSION    OF    1872  223 

9.  Reference  to  a  Select  Committee. — The  Bill  was  down 
for  second  reading  on  Monday  night,  March   i8th,  but 
it  was  half  an  hour  after  midnight  before  it  was  reached. 
Mr.  Winterbotham  spoke  for  the  Government.     Most  of 
the  other  speakers  who  addressed  the  House  really  spoke 
to  the  members  of  the  Parliamentary  Committee,  several 
of  whom  were  "  under  the  gallery,"   and  consequently 
actually  within  the  House,  though,  technically,  not  in  it. 
After  debate,  Mr.  Bruce,  in  reply  to  Mr.  Gathorne  Hardy, 
agreed  to  refer  the  Bill  to  a  Select  Committee,  and  conse- 
quently no  division  took  place,  the  Bill  being  read  a  second 
time. 

10.  Action    of   Parliamentary     Committee. — Our    next 
anxiety  was  as  to  the  composition  of  the  Committee.     To 
our  regret  we  found  that  there  was  a  majority  upon  it  in 
favour  of  deductions  from  wages,  in  certain  cases.     On 
April  loth  the  Parliamentary  Committee  sent  out  a  state- 
ment to  the  trades  explaining  the  nature  and  bearing  of 
the  provisions  in  the  Bill,  and  suggesting  such  action  as 
was    deemed    advisable    in    support    of  the   Government 
measure.     The  circular  was  a  public  one,  and  was  sent 
to  the  newspapers,  most  of  which  commented  favourably 
upon  it.     In  this  case  the  public  were  with  us  on  nearly 
all  points — quite  a  new  experience  to  most  of  us,  who 
were  so  often  denounced. 

1 1 .  Deductions  from   Wages,  and  Weekly  Pays. — Early 
intimation  was  given  to  me  as  to  the  nature  of  amend- 
ments to  be  proposed  in  the  Bill  ;  among  other  things 
that  a  dead  set  was   to  be   made   in   favour   of  certain 
deductions,   and  against  weekly  pays.     On    April    2jrd 
Mr.  Brogden  tried  to  anticipate  the  Committee's  report 
by  a  motion   in  the  House,  but  as  Mr.  Bruce  and  Mr. 
Winterbotham  opposed  the  motion  was  lost.     Two  days 
afterward  (April  25th)  the  Select  Committee  approved  of 
weekly  pays,  but  only  by  a  majority  of  one.     A  further 
amendment    to    neutralise   that    decision    was    lost    by  .a 
majority  of  three.     It  now  became  evident  that  supporters 
of  truck  on  the  Committee  meant  to  destroy  the  Bill,  or 
so    to  emasculate   it   that  it  should  be  valueless  for    its 


224  LABOUR   LEGISLATION 

purpose.  The  Parliamentary  Committee,  therefore,  in 
concert  with  trade  unions  in  various  localities,  organised 
a  series  of  great  meetings  in  Wednesbury  and  other  places 
in  the  Midlands,  in  Yorkshire,  North  and  South  Wales, 
and  other  districts,  especially  in  places  where  their 
representatives  in  Parliament  evinced  opposition  to  the 
Government  Bill,  particularly  in  the  iron  and  coal 
districts  of  the  country. 

12.  Truck    Bill  as  Amended. — The  Select   Committee 
held    its    final    meeting    on    May    6th,    and    thereupon 
reported  formally  the  Bill  to  the  House.      On  the  9th 
I  obtained  proofs  of  the  amended  Bill,  only  to  discover 
how  sadly  it  had  been  mutilated.     In  one  instance  only 
was  the  Bill  improved,  on  the  motion  of  Mr.  Pell,  by 
which  the  provisions  as  to  deductions  were  extended  to 
"  frame-rent    charges."      The    Parliamentary    Committee 
met  and  decided  to  advise  the  withdrawal  of  the   Bill. 
An  analysis  of  its  provisions  was  prepared  and  sent  to  the 
trades,    pointing    out    the    changes    made    by    the  Select 
Committee   and    their    efforts,   and    informing   the  trade 
unions  of  the  country  our  reasons  for  urging  the  with- 
drawal   of    the    Bill.     Our     conduct    was    unanimously 
approved. 

13.  Opposition   to  Amended   Bill. — The    Parliamentary 
Committee  requested  me  to  prepare  a  memorial  to  the 
Home  Secretary,  embodying  their  views,  and  to  ask  him 
to  receive  a  deputation  on  the  subject.     This  he  agreed 
to  do,  and  fixed  June   I3th   for   the  interview.     Every 
member  of  the   Committee    attended    on    that  occasion. 
At   the  request  of  Mr.  Winterbotham  another  meeting 
took  place  at  the  Home  Office,  when  every  phase  of  the 
question    was    discussed.      Meeting    after    meeting    took 
place   in  the  provinces   in  opposition   to  the   "  amended 
Bill,"  and  so  Mr.  Gladstone,  on  July  i6th,  withdrew  it — 
slaughtered,  with  other  innocents  of  the  Session. 

14.  Memorial,  Deputation  to  Mr.  Bruce,  &c. — Copies 
of  the  memorial  to  Mr.   Bruce,  correspondence  relating 
thereto,  and  a  special  report  of  the  deputation  were  pub- 
lished by  me  at  the  time,  and  were  extensively  circulated. 


IN   THE   SESSION    OF   1872  225 

A  brief  synopsis  follows.  The  memorial  stated  that  the 
Bill  of  the  Government  had  the  cordial  support  of  the 
trades  ;  that,  as  "  amended,"  it  had  become  impaired  ; 
that  weekly  payments  of  wages  were  altogether  practicable, 
as  evidenced  in  the  adoption  of  the  system  in  the  principal 
factories  of  Lancashire  and  Yorkshire  ;  while  in  other 
large  industries  it  was,  and  long  had  been,  the  rule  ;  that, 
as  "  amended,"  the  Bill  opened  the  door  to  the  worst 
forms  of  truck  ;  that  it  was  easy  for  an  employer  to 
estimate  wages  accruing  ;  and  therefore  the  memorialists 
urged  that  wages  should  be  paid  weekly  without  deduc- 
tions for  any  purposes  whatever. 

15.  Objections  to  Bill — how  Met. — The  Parliamentary 
Committee  embodied  their  objections  in  a  circular  to  the 
trades  signed  by  every  member.  At  the  deputation  Mr. 
Howell  read  the  memorial  and  addressed  the  Home  Sec- 
retary ;  he  was  followed  by  Messrs.  Alexander  Macdonald, 
John  Kane,  Wm.  Leigh,  William  Allan,  Thomas  Halliday, 
W.  H.  Leatherland,  and  others.  Mr.  Bruce,  in  reply, 
stated  that  he  regretted  the  absence  of  a  working-man  re- 
presentative on  the  Select  Committee,  but  there  was  not  a 
single  labour  member  in  the  House,  and  therefore  the 
Government  selected  those  most  in  sympathy  with  the 
cause  of  labour.  He  would  convey  to  his  colleagues  the 
views  of  the  deputation.  He  personally  was  averse  to 
truck  ;  he  lived  in  a  district  where  truck  was  carried 
on  ;  he  had  seen  its  operation  and  direful  consequences. 
He  was  in  favour  of  regular  payments  in  money  ;  but 
there  were  great  difficulties.  He  went  on  to  say  that  the 
difficulty  was  not  so  much  with  truck  as  opposition  to  weekly 
payment  of  wages,  which  was  regarded  as  an  interference 
with  the  law  of  contract.  He  argued  that  workmen  would 
rather  pay  fines  than  be  discharged.  As  some  dissent 
was  expressed  at  Mr.  Bruce's  observations  Mr.  Winter- 
botham  asked  three  of  the  deputation  to  meet  him  and 
confer  about  the  Bill.  The  deputation  then  thanked  Mr. 
Bruce  and  withdrew. 

1 6.   Home  Office  and  the   "Bill. — The    Committee    ap- 
pointed Messrs.   Alexander   Macdonald,  William    Allan, 

16 


226  LABOUR   LEGISLATION 

and  George  Howell  to  meet  Mr.  Winterbotham  on 
Monday,  June  lyth.  The  Under-Secretary  of  State 
had  with  him  Mr.  Albert  Bateson.  Nearly  three  hours 
were  spent  in  going  over  the  provisions  of  the  Bill,  the 
objections  of  the  workmen,  and  the  contentions  of  em- 
ployers. Mr.  Winterbotham  admitted  that  some  of  the 
"  amendments  "  were  objectionable  and  ought  to  be  struck 
out,  and  that  others  were  doubtful  at  the  best,  and  would 
therefore  be  considered.  The  deputation  warmly  thanked 
Mr.  Winterbotham  for  his  courtesy  and  for  devoting  so 
much  of  his  time  to  the  consideration  of  their  objections. 
In  this  connection  we  all  felt  that  Mr.  Bruce  was  weak  as 
a  Minister,  but  thoroughly  in  sympathy  with  our  objects 
as  a  man,  and  even  as  an  employer.  Mr.  Winterbotham 
looked  at  the  matter  as  a  lawyer  and  member  of  the 
Government,  but  his  sympathies  were  no  less  obviously 
in  our  favour. 

17.  Compensation  for  Injuries  to  Workpeople. — The  Bill 
for  securing  compensation  for  injuries  by  workmen  in  the 
course  of  their  employment  was  originally  prepared  by, 
or  for,  the  miners.     The  Nottingham  Congress  adopted 
the  measure  and  relegated  it  to  the  Parliamentary  Com- 
mittee for  them  to  take  steps  to  have  it  introduced  into 
the  House  of  Commons.    The  Bill  was  limited  in  character, 
being  chiefly  designed  to  amend  what  is  known  as  Lord 
Campbell's  Act,   9  and   10  Viet.,  c.  90.     That  Act  pro- 
vided for  compensation  in  case  of  death  by  accidents,  but 
not  for  non-fatal  injuries.     The  Bill  had  been  entrusted 
to  Mr.  Serjeant   Simon  in  1869   and   1870,  but  no  step 
had  been  taken  in  connection  therewith.    On  February  14, 
1872,  Mr.  Alex.  Macdonald  and  I  waited  upon  him  at 
the  House  of  Commons,  when  he  promised  to  consider 
the  matter  and  take  charge  of  the  Bill.     After  waiting 
nearly  two  months  I  again  waited  upon  him  ;  he  excused 
the  delay  on  the  ground  of  ill-health  and    pressure  of 
business.      After    further    delay    we    again    waited    upon 
him,  when  he  suggested   that  we  should  place  the  Bill 
in  other  hands. 

1 8.  New  Bill   and  Attitude  of  the   Government. — We 
accordingly  saw  other  members  of  the  House,  and  at  last 


IN   THE   SESSION   OF   1872  227 

we  obtained  the  consent  of  Mr.  Walter  Morrison  to  take 
charge  of  the  Bill,  Mr.  Andrew  Johnstone  and  Mr.  J. 
Hinde  Palmer  agreeing  to  back  it.  In  our  interviews 
with  those  gentlemen  it  was  suggested  that  the  Bill  be 
referred  to  Mr.  R.  S.  Wright,  by  whom  it  was  re-drafted. 
It  was  not  until  July  lyth  that  the  Bill  was  read  a  first 
time,  the  second  reading  being  fixed  for  August  7th.  On 
that  date  Mr.  Chichester  Fortescue,  on  behalf  of  the 
Government,  promised  a  Bill  in  the  next  Session,  where- 
upon Mr.  Hinde  Palmer  asked  leave  to  withdraw  the 
Bill.  The  measure  drafted  by  Mr.  Wright  was  vastly 
superior  to  the  original  Bill ;  it  was  complete  in  itself, 
and  fully  met  all  the  requirements  of  the  Committee  and 
of  workpeople  generally.1 

19.  Meeting  and  Decisions  of  the  Parliamentary  Com- 
mittee.— In   consequence    of  the   position  of  the  several 
Bills  in  Parliament  a  special  meeting  of  the  full  Com- 
mittee was  convened  for  June  2Oth  and  following  day. 
Every  member  attended.     As  secretary  I  gave  a  full  and 
detailed  report  of  all  that  had  been  done  by  the  London 
sub-committee  and   by  the  officers,  Messrs.  Macdonald, 
Allan,  and  myself.    Copies  of  all  correspondence  were  pre- 
sented, and  of  all  circulars,  reports,  memorials,  and  even 
paragraphs,   &c.,   in    the    Press,  so   that  the   Committee 
might  have  all  the  materials  necessary  for  a    full  con- 
sideration of  all  the  Bills  before  Parliament  and  of  the 
measures  proposed,  and  action  taken  by  the  officers  and 
sub-committee.     The    Parliamentary    Committee    unani- 
mously approved  of  everything  that  had  been  done  in  a 
series  of  thirteen  resolutions,  which  resolutions  were  printed 
and  circulated  as  part  of  the  rather  elaborate  report  issued 
to  the  trade  societies  of  the  kingdom  in  July,  1872,  copies 
of  which  were  sent  to  all  the  principal  newspapers. 

20.  Admission  to  the  Lobby. — At  the  meeting  adverted 
to  the  chairman  and  secretary  complained  of  loss  of  time 
in   gaining  admission  into  the   Lobby.     Under  the  new 
rules  bodies  requiring  admission  into  the  Lobby  had  to 
obtain  permission  and  to  be  placed  on  the  Speaker's  list. 
Numerous  bodies  had  that  privilege,  but  it  was  denied  to 

1  See  Chap.  XXXVIII. 


228  LABOUR    LEGISLATION 

the  representatives  of  the  workmen.  We  had  to  send 
in  our  names  to  members,  and  they  had  to  come  into  the 
Central  Hall  and  pass  us  into  the  Lobby.  Sometimes 
the  member  sent  for  was  not  in  ;  sometimes  I  fear  that 
the  member  was  not  so  desirous  of  seeing  us  as  we  were 
to  see  him.  In  which  case  we  got  no  reply.  The  waste 
of  time  was  considerable,  and  we  felt  at  a  disadvantage 
compared  with  other  bodies,  political  and  otherwise,  and 
"  agents,"  whose  object  was  personal  gain.  We  had 
applied  to  Mr.  Speaker  and  to  the  Sergeant-at-Arms 
for  the  same  privilege  of  admission,  but  in  vain.  I 
fear  that  we  had  become  a  nuisance  to  some  honourable 
members  by  our  persistency,  watchfulness,  and  continual 
presence.  But  we  never  begged  for  money.  No  member 
was  ever  asked  to  subscribe — we  only  wanted  his  support 
and  vote.  On  the  whole  members  were  courteous,  and 
willing  to  come  out  to  pass  us  in  ;  but  it  was  the  waiting, 
the  loss  of  time,  the  weariness  of  the  thing. 

21.  Secretary   Placed  on   the  Speakers  List. — On  this 
being  reported,  the  Parliamentary  Committee  instructed 
the  secretary  to  appeal  to  the  Prime  Minister,  Mr.  Glad- 
stone, and  in  the  end  we  were  placed  on  the  Speaker's 
list.     Thereafter,  except  for  about  six-and-thirty  hours, 
to  be  adverted  to  further  on,  we  had  the  freedom  of  the 
Lobby,  and  our  work  was  consequently  easier.     We  were 
on  the  spot — a  convenience  not  only  to  ourselves,  but  to 
Ministers  and  members  of  the  House  of  Commons  who 
desired  to  consult  us. 

22.  Public  Meetings  and  Labour    Questions. — During 
the  last  five  months  of  the  year  1872  meetings  were  held 
in    various    parts  of  the  country,   some   of  them  being 
imposing  demonstrations,  in  favour  of  the  repeal  of  the 
Criminal  Law  Amendment  Act,  1871  ;  of  the  Payment 
of  Wages  (Truck)  Bill ;  Compensation  for  Injuries  Bill ; 
Amendment  of  the  Master  and  Servant  Act,  and  other 
measures.     Wherever    we    went    there  were  enthusiasm, 
unanimity,  and  a  determination  to  obtain  from  Parliament 
what    we   deemed    to  be    our  just   demands,   and    some 
members  had  a  warm  time  of  it  in  their  autumn  visits 
to  their  constituencies. 


CHAPTER   XXIV 

LABOUR    MOVEMENTS    IN     1873 

IN  the  preceding  chapters  reference  is  mainly  made  to 
the  Liberal  Party  when  political  parties  are  alluded 
to.  The  reason,  as  previously  adverted  to,  is  that  the 
active  labour  leaders  mostly  belonged  to  or  supported 
that  party  in  the  constituencies,  and  therefore  depended 
upon  "  Liberal  "  support  in  matters  of  legislation.  The 
difficulties  with  that  party  have  been  described  in  con- 
nection with  the  several  measures  promoted  by  the 
Parliamentary  Committee  as  representing  the  working 
classes  and  having  their  mandate.  Mr.  Gladstone's 
Government  had  been  in  office  four  years,  during 
which  they  had  passed  (i)  the  Trade  Union  (Protec- 
tion of  Funds)  Act,  1869;  (2)  the  Trade  Union  Act, 
I^7I  ?  (3)  tne  Criminal  Law  Amendment  Act,  1871  ; 
(4)  and  the  two  Mines  Regulation  Acts,  1872.  Not  a 
bad  record  if  the  third  measure  were  left  out.  They  had 
also  tried  to  pass  a  Truck  Bill,  and  promised  one  for 
compensating  workpeople  in  case  of  injury  while  following 
their  employment.  We  had  also  managed  to  get  passed 
Mr.  Mundella's  Arbitration  Act,  1872.  The  record  is 
only  marred  by  one  measure,  but  that  one  was  a  sad  blot. 
During  the  year  1872  trade  unionism  advanced  by  leaps 
and  bounds,  as  did  also  our  trade  and  commerce.  Not 
only  did  the  number  of  union  members  increase,  but  there 
had  grown  up  more  hearty  co-operation  among  the  various 
unions,  resulting  from  the  trades  congresses,  the  work  of 
the  Parliamentary  Committee,  and  the  earnest  labours 
of  the  more  prominent  men  in  the  trade  union  move- 

229 


230  LABOUR   LEGISLATION 

ment.      Cohesion,    unity    of    purpose,    enthusiasm,    and 
healthy  activity  were  manifest^on  all  sides. 

1.  The  Leeds  Trades  Congress^  1873. — The  Fifth  Trades 
Union  Congress  met  in    Leeds    on    January    13,    1873. 
The  sittings  lasted  six  days.     The   number  of  delegates 
present    was    131,    representing    140    societies,    with    an 
aggregate    membership    of    739,074,    besides    thirty-two 
societies  in  Dublin,  whose  number  of  members  was  not 
given.     After  the  election  of  officers  and  other   formal 
business,  I,  as  secretary  to  the  Parliamentary  Committee, 
read  the  report,  consisting  of  twelve  large  octavo  pages 
of  closely  printed  matter,  giving  full  details  of  all  the 
subjects  relegated  to  them,  and  their  action   thereupon. 
Copies   of  all  other  documents  were  put  in  and   taken  as 
read,  because  these  had  been  previously  circulated,  from 
time  to  time,  when  printed.      A  synopsis  of  the  report 
and  all  other  documents  having  been  given  in  previous 
chapters,  each  under  its  special  head,  there  is  no  need  to 
enlarge  upon  any  of  the  subjects  here.     One  additional 
document,  however,  requires  to  be  noticed,  prepared  by 
one  outside  the  Committee. 

2.  Mr.    Henry    Cromptons   Report. — (a)    Mr.    Henry 
Crompton  prepared  a  special  report  on  the  Criminal  Law 
Amendment  Act,  1871,  which  was  presented  to  Congress 
as  part  of  the    Parliamentary    Committee's   report,    the 
main  points  in  which,   coming   from    a  lawyer   of  Mr. 
Crompton's  ability  and  experience,  deserve  to  be  noted. 
I   give  its    general    purport,    quoting    the   writer's    own 
words  where  deemed  advisable,  and,  where  summarised, 
his  impressions  and  conclusions.     After  referring  to  the 
printed  list  of  cases  under  the  Act,  he  says  :  "  Men  have 
been   convicted   for  simply  standing  still    in   the    street, 
when  there  was  no  attempt  at  intimidation  or  coercion — 
without  word  or  gesture  having  been  used.     Seven  men 
were   sent   to    gaol    in    one    batch,   at    Perth,   for    doing 
nothing  except  picketing,  that  is,  the  mere   waiting  for 
a  fellow-workman,  accosting   him,  and   endeavouring   to 
influence  him  by  argument  or  persuasion,"  declared  by 
the  Act  to  be  a  crime.     "  Seven  were  sent  to  prison  for 


LABOUR   MOVEMENTS   IN    1873  231 

shouting  at  a  man."  "  I  heard  shouting,  but  cannot  say 
where  it  came  from,"  said  the  man  in  his  evidence., 
but  they  were  convicted  and  imprisoned.  "  At  Hammer- 
smith a  magistrate  decided  that  the  giving  of  a  handbill 
in  the  street,  containing  the  following  sentence  :  '  By  so 
refusing  you  will  forward  our  cause,  as  well  as  your  own, 
as  working  men,'  was  coercion." 

(b)  Mr.  Crompton  went  on  to  point  out  that  u  assaults, 
intimidation,    or    threats    of    violence "    were    offences 
deserving  of  punishment,  by  whomsoever  committed,  and 
it  was  unjust  to  make  these  penal  offences  only  in   the 
case  of  workmen  during  a  labour  dispute.     He  goes  on 
to   say:  "  Mr.   Gladstone   asserted  in  July  (1872)   that 
there  had   been  a  hundred  decisions  under  the  Act ;  and 
that  the    working  men  only  objected    to  three   or  four 
of  them.     This  statement  was    untrue,  misleading,   and 
ungenerous  ;    he   took  no  pains  to    distinguish  between 
those  which  could  have  taken  place  under  the  ordinary 
criminal    law    and    those    that    could    not.      Instead    of 
objecting  to  four  only,  the  representatives  of  the  workmen 
have  objected  to  all  of  them,  except  those  of  violence  and 
threats  of  violence.     Mr.  Gladstone  knew  perfectly  well 
that    Congress    had    unanimously    protested    against    the 
whole  law." 

(c)  He  continued  :    "  Parliament,  by  its  rejection    of 
Mr.  Harcourt's  Bill,  and  Mr.  Gladstone,  by  his  flippant 
refusal  of  the  demands  of  Congress,  have  entirely  changed 
the    position   of  affairs.     Mr.   Harcourt's    Bill    was    the 
most  moderate  compromise  that  could  have  been  offered 
to    the    House    of    Commons.      Parliament    and    Mr. 
Gladstone  have    refused  all    compromise  and  concession. 
The  matter  has  passed  beyond  the  stage  of  argument." 
Mr.  Crompton  went   on    to    condemn    the   Master  and 
Servant  Act,  the  Small  Penalties  Act,  and  others   under 
which  breach   of  contract    by   workmen   was    treated    as 
a  criminal   offence,  and  cumulative   fines  were   imposed, 
enforced  by  imprisonment.     He  also  strongly  condemned 
the  law  of  conspiracy  as  applied  in  labour  disputes.     The 
whole  paper  was  a  masterly  review  of  the  Criminal  Law 


232  LABOUR   LEGISLATION 

Amendment  Act,  and  other  Acts  relating  to  Jabour,  in 
their  character,  bearing,  and  effects,  and  also  of  decisions 
in  courts  of  law  under  those  Acts. 

(*/)  In  conclusion,  Mr.  Crompton  urged  widespread 
"  agitation  throughout  the  land."  "  Parliament/'  he 
said,  "  has  trifled  too  long  upon  this  matter,  playing 
a  game  of  deception  ;  declaring  at  one  time  that  they 
would  do  what  was  wanted  in  order  to  avert  the  rising 
popular  indignation  ;  and  then,  when  the  agitation  had 
subsided,  they  passed  the  Criminal  Law  Amendment 
Act,  in  spite  of  their  pledged  word,  which  they  falsely 
and  perfidiously  broke."  He  ended  by  suggesting  a 
programme  to  the  Congress,  the  six  points  of  which  will 
be  noted  -in  the  resolutions.  That  valuable  paper  was 
mainly  the  basis  of  what  was  resolved  to  be  done  by  the 
Leeds  Congress. 

3.  Proceedings    in     Congress. — Mr.    Henry    Crompton 
read  his  very  able  paper,  for  which  he  was  most  cordially 
thanked.     His  offer  of  five  thousand  copies  for  distribu- 
tion was  accepted  with  hearty   cheers.      The  report    of 
the  Parliamentary  Committee  was  unanimously   accepted, 
and   Congress  decided    to  discuss  it  section   by   section. 
This  was  done.     The   conduct  of   the    Committee    was 
approved  as  regards:   (i)  The  Mines'    Regulation   Bills; 
(2)  the  Arbitration  Act  ;  (3)  the  Factories  Nine  Hours' 
Bill  ;     (4)  the   Truck   Bill  ;    (5)  the    Compensation    to 
Workmen  Bill,  and  (6)  the  Criminal  Law  Amendment 
Act.     As  regards  the  latter,  Congress  resolved  to  agitate 
for  its  total  repeal,  and    not  to  spend    further  time   in 
trying  to  amend  it.     The  resolution  unanimously  adopted 
was  :   "  That  whilst  we  acknowledge  the  valuable  services 
of  the  Trade  Union  Parliamentary  Committee,  we  desire 
to  record  our  determination  not  to  rest  until  we  obtain  a 
total  repeal  of  the  Criminal  Law  Amendment  Act." 

4.  Compensation  for  Injuries  Bill. — With  respect  to  the 
Compensation  Bill  Mr.  Howell  read  a  letter  from   Mr. 
Chichester  Fortescue,  dated  December  10,  1872,  in  which 
his    private    secretary    said  :     "  In     accordance    with    his 
promise  in  the  House  last  Session,  he  (the  President  of 


LABOUR   MOVEMENTS   IN    1873  233 

the  Board  of  Trade)  will  be  prepared  to  introduce  a  Bill 
in  the  coming  Session  to  amend  the  law  relating  to  com- 
pensation for  injuries  to  workmen  and  servants.  Mr. 
Fortescue  desires  me  to  say  that  a  Bill  is  being  prepared 
which  will  include  the  cases  provided  for  by  Mr.  Hinde 
Palmer's  Bill/*  That  promise  was  not  redeemed,  and 
it  was  not  till  eight  years  afterwards,  in  1880,  that  a 
measure  was  carried  making  employers  responsible  for 
injuries  to  their  workpeople  caused  by  accident  in  the 
course  of  their  employment.1 

5.  "  Standing  Orders  "for  Congress. — Among  the  other 
duties  of  the   Parliamentary    Committee    in    1872    was 
that  of  preparing  a  series  of  "  Standing  Orders  "  for  the 
government  of  Congress.     These  consisted  of  twenty-six 
rules  as   unanimously  adopted   by  the    Congress.      The 
first    draft     consisted   of  thirty    rules,  proofs    of  which 
were   first  sent  to  every  member  of  the  Committee,  and 
to  some  of  the  leading  officials  of  trade  unions.     After 
revision,    copies    were     sent    to    all     trade    unions    and 
trades  councils  for  approval,  or    for  suggested    amend- 
ments.    Only  two  out   of  the  thirty  were  criticised,  and 
amendments  suggested.     The  final   revision  reduced  the 
number  to   twenty-six  ;  these  were  reported   to   Congress 
and    adopted.     The    plan   of  sending   out  the  proposed 
Standing  Orders  a  long  time  before  Congress  assembled 
saved  much  time  ;  there  was  little  discussion  upon  them 
and  no  amendment. 

6.  Balance  sheet  for  1872. — The  balance  sheet  presented 
to  Congress  showed   that  the  total  receipts,  by  voluntary 
grants    from  trade    unions,   was    £295    i6s.    6d.      The 
total  expenditure  was  ^"200  I2s.  xod.     This  expenditure 
included    printing,    stationery,    postages   and     telegrams, 
reporting    special    interviews,    salaries,    committees    and 
delegations,  loss  of  time  and  travelling  expenses.     This 
left  a  balance  in  hand  of  £95   33.   8d.     Delegates'  sub- 
scription   to    Congress,    131     at     los.    each,    £66  ;    the 
balance  in  hand  of  the  Leeds  Trades  Council,  £$  93.  2d.; 
total,    inclusive,    £166    I2s.    lod.     Cost    of    Congress, 

1  See  Chap.  XXXVIII. 


234  LABOUR   LEGISLATION 

^46  145.  6d.  ;  balance  in  hand  for  the  year  1873, 
^119  1 8s.  4d.  It  will  be  seen  that  the  expenditure  was 
very  small  compared  with  the  work  of  the  Parliamentary 
Committee.  The  aggregate  expenditure  from  March, 
1871,  to  January  18,  1873,  was  only  ^217  195.  6d.,  all 
inclusive.  The  imaginary  "  bloated  delegates "  of  the 
newspaper  press  were  of  the  lean-kind  in  this  instance. 

7.  Parliamentary   Programme,  1873. — The  programme 
decided  upon  by  the  Congress   was  the  result  of  much 
consideration    and    deliberation.      Mr.     Crompton     had 
suggested  six  points  at  the  end  of  his  paper,  as  follows  : 
(i)  Repeal  of  the  Criminal  Law  Amendment  Act  ;  (2) 
abolition  of  imprisonment  for  breach  of  contract  ;    (3) 
repeal   of  the  Small  Penalties  Act ;    (4)   reform  of  the 
Conspiracy  Laws  ;  (5)  Royal  Commission  to  inquire  into 
the  mode  in  which  summary  jurisdiction  of  magistrates 
has  been  exercised  ;  and  (6)  amendment  of  the  Jury  Laws. 
In  considering  the  above,  a  resolution  was  carried  unani- 
mously condemnatory  of  the  Criminal  Law  Amendment 
Act,  the  Master  and  Servant  Act,  and  the  application  of 
the  law  of  conspiracy  to  labour  disputes,  and  other  laws 
adverse  to  labour,  and  calling  upon  the  working  classes  to 
organise    throughout    the    country,    "  with    the    view    of 
opposing  every  candidate  at  Parliamentary  elections  who 
would   not  pledge  himself  to  vote   for  the  abolition   or 
alteration  of  any  law  affecting  injuriously  the   character 
and  freedom  of  trade  unions." 

8.  Modes   of    Procedure. — The    modes    in    which    the 
Parliamentary    Committee   were    to    work,    in    order    to 
achieve  the  objects  aimed  at,  were  so  well  defined  in  the 
resolution  next  carried,  that  it   is  better  to  quote  it  in 
full  than  attempt  to  summarise  it.     Resolved  unanimously  : 
(i)  "  That  an  Act  of  Parliament  be  prepared  embodying 
the  first,  second,  and  fourth  points  of  Mr.    Crompton's 
paper,    and  consolidating  the  law  affecting   trades'  com- 
binations into  one  Act.     (2)  That  an  independent  motion 
be  brought  forward  in  the   House  of  Commons,   based 
upon  the  third,  fifth,  and  sixth  points.     (3)  That  another 
motion  be   brought  forward  in  the  House   of  Commons 


LABOUR   MOVEMENTS   IN    1873  235 

demanding  an  alteration  in  the  constitution  of  the  jury 
system — a  system  too  exclusively  drawn  from  the  middle 
classes  ;  and  that  such  reconstitution  shall  be  based  upon 
the  principle  of  the  admission  of  the  working  classes  to 
discharge  the  duties  of  jurymen.  (4)  That  all  action  of 
the  Parliamentary  Committee  shall  be  founded  upon  the 
distinct  understanding  that  the  Criminal  Law  Amendment 
Act  is  to  be  totally  repealed,  and  no  compromise  accepted 
of  any  sort  or  kind." 

9.  General  Resolves  of  Congress. — The  above  resolutions 
indicate  the  temper  of  the  delegates  at  the  Congress.     The 
attitude  was  one  of  "  no  compromise."     Another  resolu- 
tion instructed  the  Parliamentary  Committee  to  take  such 
action  as  they  thought  fit  to  amend  the  Trade  Union  Act, 
1871,  as  regards  the  protection,  management,  and  invest- 
ment of  funds.     Resolutions  were  passed  with  reference  to 
the  great  dispute  then  existing  in  South  Wales  between 
the  ironworkers  and  miners  and  their  employers,  urging 
arbitration    as  a  means  of  ending   it,   and   pledging  the 
delegates  to  use  their  best  efforts  in  their  several  unions 
to  obtain  funds   to  support  those  who  were    out.     Mr 
Joseph  Arch  read  a  paper  on  the  employment  of  women 
and  children  in  agriculture.     Congress  supported  his  view, 
and  expressed  satisfaction  at  the  formation  of  unions  among 
agricultural  labourers.     Resolutions  were  also  passed  re- 
specting  weights  and  measures  used  in  connection  with 
labour  ;  stoppages  from  wages  in  the  Potteries  ;  limitation 
of  apprentices  ;  piecework  ;  prison  labour  ;  co-operation  ; 
representation    of  labour   in   Parliament  ;    arbitration    in 
labour  disputes,  and  also  in  international  disputes  among 
nations.     At  the  great  public  meeting  the  speeches  were 
mainly  in  reference  to  the  Criminal  Law  Amendment  Act 
and  the  sentence  on  the  gas-stokers. 

10.  Memorial  on  Gas-stokers'  Sentence. — With  reference 
to  prosecution  of  the  gas-stokers,  and  the  cruel  sentence 
passed   upon  them,   it  is  essential  that   the  whole  story 
should  be  told  from  beginning  to  end.     But,  first  of  all, 
this  is  what  took  place  at  the  Leeds  Congress.     I  had 
prepared    a   memorial    to    the    Home  Secretary  on    the 


236  LABOUR   LEGISLATION 

severity  of  the  sentence,  which  memorial  was  approved  by 
the  Standing  Orders'  Committee,  and  by  them  submitted 
to  the  Congress.  The  memorial  was  as  follows  :  "  Sir, — 
We,  the  undersigned,  beg  most  respectfully  to  lay  before 
you,  as  the  representative  of  the  Government  for  the 
Home  Department,  this  memorial,  praying  for  a  mitiga- 
tion of  the  sentence  passed  by  Mr.  Justice  Brett  on  the 
London  gas-stokers,  at  the  Old  Bailey,  on  Thursday, 
December  19,  1872. 

"  Your  memorialists  humbly  submit  that  these  men  did  not  inten- 
tionally and  with  malice  aforethought  violate  the  law  ;  but  this  Congress, 
without  wishing  at  this  time  to  question  the  legality  of  the  verdict, 
express  astonishment  and  profound  regret  that  men,  acting  in  what 
they  conceived  to  be  their  bonafde  right,  should  be  so  severely  sentenced. 
If  there  were  a  necessity  to  vindicate  the  law  of  contract,  the  punish- 
ment which  the  men  had  already  endured  was  more  than  ample  for  the 
offence.  The  deep  feeling  and  painful  surprise  at  the  severity  of  the 
sentence  felt  in  all  parts  of  the  country,  as  well  as  a  sense  of  justice  and 
humanity,  leads  this  Congress,  representing  628,384  men,  in  Great 
Britain  and  Ireland,  as  detailed  in  the  list  appended  hereto,  to  pray  for 
the  release  of  the  prisoners  now  under  sentence  of  twelve  months' 
imprisonment  in  Maidstone  Gaol.  We  therefore  pray  that  you  would 
advise  Her  Majesty's  Government  to  advise  the  exercise  of  her  royal 
clemency  to  release  those  poor  men  without  delay." 

1 1 .  Leeds  Welcome  to  the  Delegates. — The  Congress 
unanimously  adopted  the  memorial  to  Mr.  Bruce  as 
drafted,  and,  on  the  motion  of  Mr.  George  Odger,  every 
delegate  present  at  Congress  signed  his  name  and  address 
thereto.  The  reference  in  the  memorial  to  the  legality  of 
verdict  and  sentence  was  intentionally  inserted  by  me, 
because  I  was  then  questioning  it  in  the  "  Gas-stokers' 
Committee,"  of  which  I  was  a  member,  the  reasons  for 
which  will  appear  in  the  next  chapter.  The  Leeds 
Congress  was  in  every  way  a  success.  The  Municipal 
Council,  and  the  inhabitants  generally,  warmly  welcomed 
the  delegates  and  feasted  them  ;  the  local  trade  unions  did 
their  best  to  ensure  comfort  and  graceful  recognition.  It 
was  at  this  Congress  that  Mr.  Plimsoll  first  delivered  copies 
of  his  notable  work — "  Our  Seamen  " — at  a  banquet,  and 
the  delegates  pledged  themselves  to  assist  him  in  his  work.1 
1  See  Chap.  XXVII.  for  story  of  the  Plimsoll  movement. 


CHAPTER   XXV 

THE        STORY       OF       THE        GAS-STOKERS*       PROSECUTION, 


THHE  circumstances  and  results  of  the  gas-stokers' 
J^  prosecution,  trial,  sentence,  and  ultimate  release  are 
of  such  importance  in  connection  with  the  agitation  for 
and,  ultimately,  the  passing  of  the  labour  laws,  that  the 
story  must  needs  be  told,  and  that  too  by  one  conversant 
with  the  hidden  facts,  as  well  as  with  those  told  at  the 
time  in  the  Report  of  the  Gasworkers'  Defence  Com- 
mittee, in  the  newspaper  press,  and  in  the  debates  on  the 
question  in  the  House  of  Commons. 

i .  Dispute  at  the  Becklon  Gasworks. — The  facts  relating 
to  the  dispute  at  the  Beckton  Gasworks,  in  brief,  were 
these:  In  1872  trade  and  commerce  were  prosperous — 
advancing  "  by  leaps  and  bounds."  Wages  also  were 
advancing  in  most  industries,  in  some  at  rates  regarded  as 
phenomenal.  The  gas-stokers  thought  that  they  too 
should  share  in  the  general  prosperity.  But  they  had  no 
union  to  help  them.  In  the  summer  of  1872  meetings 
were  held,  and  in  August  and  September  a  union  was 
formed.  The  agitation  was  kept  up,  and  the  men  resolved 
to  seek  an  advance  in  wages  and  a  reduction  in  the  work- 
ing hours.  The  two  things  were  linked  together.  The 
wages  were  not  bad,  had  the  hours  been  reasonable.  The 
rates  were  :  Labourers,  35.  6d.  per  day  ;  coke-spreaders, 
313.  per  week  of  seven  days;  stokers  from  375.  4d.  to 
383.  9d.  per  week  of  seven  days.  The  hours  alleged  to 
have  been  worked  were  often  80  per  week.  The  men  had 

237 


238  LABOUR   LEGISLATION 

only  one  day  off  in  each  four  weeks.     This  they  com- 
plained of  as  unreasonable. 

2.  How  the  Dispute  Arose. — The  effects  of  the  men's 
agitation    and    the    formation    of  the    union    were    soon 
apparent.     Out  of  twenty-five  gas  factories  then  in  the 
metropolitan   district,  fourteen   closed    from    6   a.m.   till 
6  p.m.  on  Sundays.     These  men  also  asked  for  6d.  per 
day  advance  in  wages.     The  concessions  made  were,  of 
course,  under  pressure,  and  the  managers  of  the  companies, 
or  some  of  them,  vented  their  anger  upon  the  leaders,  who 
were  weeded  out  on  one  pretence  and  another.     The  men 
resented  this,  and,  instead  of  quietly  supporting  the  dis- 
charged men  until  the  storm  was  over,  clamoured  for  their 
reinstatement.     The  methods  of  weeding  out  varied,  but 
here  are  two  instances.     On  November  22nd  two  men  at 
the  Beckton  Gasworks  (E.  Jones  and  T.  Dilley)  presented 
a  memorial  to  the  manager,  Mr.  Trewby,  on  behalf  of  the 
men,  for  an  advance  of  6d.  per  day  for  the  coal-wheelers. 
On  the  same  afternoon  Dilley  was  ordered  from  his  regular 
work  to  other  work  to  which  he  was  unaccustomed,  and 
for  which,  it  was  alleged,  he  was  physically  unfit.     He 
excused    himself,   and  on  the  day  following  he  received 
seven  days'  notice  to  leave  the  works.     A  day  or  two 
later  on   one  of  the  men  at  the  Fulham  Gasworks  was 
summarily  discharged  without  notice  for  refusing  to  do 
work  not  in  his  contract,  he  being  at  the  time  on  a  piece- 
work job.     The  men  thereupon  held  a  meeting,  and  sent  a 
deputation  to  the  manager,  who,  after  hearing  the  deputa- 
tion, reinstated  him.     The  foreman,  in  the  absence  of  the 
manager,  again  discharged  him.     The  men  expostulated, 
and  when  the  night  gang  came  to  their  work  the  gates 
were  closed  against  them.     That  was  on  November  29, 
1872. 

3.  General   Strike   Resolved    Upon. — The    Gas-stokers' 
General  Council  met  on  the  evening  of  that  day  to  con- 
sider the  position,  and  they  decided  that  Dilley  should 
accept  his  discharge,  and  be  supported  without  a  strike. 
His  notice  being  up  on  November  3Oth,  he  left  the  works 
— discharged.     Meanwhile  the  lock-out  of  the  night  gang 


STORY   OF  THE   GAS-STOKERS'    PROSECUTION     239 

at  Fulham  had  complicated  matters.  The  secretary  of  the 
men's  union  sought  an  interview  with  the  manager  of  the 
Fulham  Gasworks  on  November  3Oth,  so  as  to  prevent  a 
strike.  In  this  he  was  unsuccessful.  There  was  an  open- 
air  meeting  of  the  men  on  the  same  day  on  Clerkenwell 
Green,  when  it  was  resolved  to  call  out  the  whole  of  the 
men  employed  by  the  company.  At  another  meeting,  held 
in  the  evening,  a  general  strike  was  resolved  upon.  The 
only  excuse  for  so  wild  an  act  is  that  the  men  were 
exasperated  by  reason  of  their  leaders  being  victimised, 
and  they  had  no  experience  of  trade  unionism.  Their 
union  was  only  three  months  old.  Neither  the  men  nor 
their  leaders  consulted  older  and  more  experienced  men  in 
the  labour  movement,  whose  services  were  always  at  com- 
mand. They  were  angry,  and  acted  according  to  their 
own  sweet  will. 

4.  The  Strike  and  Breach  of  Contract. — The  next  day 
was  Sunday,  and  on  Monday,  December  2nd,  the  men  at 
the  Beckton  Gasworks  demanded  the  reinstatement  of 
Thomas  Dilley.  Mr.  Trewby,  the  manager,  objected. 
The  men  refused  to  start  work.  Mr.  Trewby  reminded 
them  of  their  agreements,  and  gave  them  ten  minutes  to 
reconsider.  The  men  were  firm,  and  the  whole  five 
hundred  men  employed  left  the  works.  On  December  5th 
five  hundred  summonses  were  applied  for  and  granted,  and 
within  ten  days  of  that  date  twenty-four  men  had  been 
sent  to  prison  for  breach  of  contract,  under  §  14  of  the 
Master  and  Servant  Act,  each  for  six  weeks'  hard  labour, 
and  the  chairman  of  the  meeting  for  three  months'  hard 
labour.  Consternation  seized  upon  the  men  ;  the  com- 
mittee fled,  all  except  the  secretary  ;  the  funds  of  the 
union  were  exhausted,  the  whole  movement  had  collapsed. 

5.  Prosecution  for  Conspiracy. — Had  the  Gas  Light  and 
Coke  Company  been  content  with  using  all  the  powers  of 
the  law  under  the  Master  and  Servant  Act  for  breach  of 
contract,  the  Gas-stokers'  Defence  Committee  would  pro- 
bably never  have  been  heard  of.  The  men  acted  wildly, 
blindly,  hastily,  without  forethought,  or  perhaps  care  of 
the  consequences.  The  men  at  Beckton  admitted  that  they 


240  LABOUR   LEGISLATION 

might  be  acting  illegally  ;  they  determined  to  face  the 
penalties.  Of  those  employed  six  men  selected  by  the 
superintendent  were  prosecuted  for  conspiracy.  As  a 
matter  of  fact,  their  offence,  like  that  of  the  other  494 
men,  was  breach  of  contract,  on  proof  being  given.  In 
the  summons,  issued  on  December  5,  1872,  at  the 
Woolwich  police-court,  it  was  alleged  that  they,  "  with 
divers  other  persons,  did  unlawfully,  wickedly,  wilfully, 
and  maliciously  conspire,  combine,  confederate,  and  agree 
together  by  divers  threats,  uttered  to  the  said  superin- 
tendent, to  obtain,  extort,  and  procure  the  promise  of 
him,  contrary  to  his  own  free  will,  to  take  back  and 
reinstate  in  the  service  of  the  company  one  Dilley,  who 
had  been  in  the  service  of  the  company,  and  therefrom 
lawfully,  and  for  good  and  sufficient  cause  and  reason, 
discharged."  The  charge  as  above  is  varied  and  repeated 
in  the  summons,  so  as  to  include  compulsion  to  reinstate 
Dilley,  and  to  cover  alleged  breach  of  contract,  conspiracy, 
and  other  offences.  It  was  a  widespread  net,  designed 
to  obtain  a  conviction  at  any  cost. 

6.  Evidence  of  Prosecutor. — The  case  was  heard  at  the 
Woolwich  police-court  on  December  loth.  The  prose- 
cutor stated  in  his  evidence  that  the  whole  of  the  men  em- 
ployed in  night  and  day  gangs,  about  five  hundred,  asked  to 
see  him  (the  superintendent).  When  he  met  them,  and 
asked  what  they  wanted,  one  of  the  men,  named  Webb, 
stated  that  they  had  resolved  not  to  commence  work  until 
Dilley  was  reinstated.  Mr.  Trewby  thereupon  reminded 
the  men  that  they  were  under  contract,  some  for  a  month, 
others  by  the  week,  and  that  they  had  "  no  right  to  leave 
work  without  a  proper  notice."  He  then  gave  them  ten 
minutes  to  consult  one  another.  At  the  end  of  that  time 
he  returned  and  asked  their  decision.  They  replied  that 
they  were  agreed  not  to  resume  work  until  Dilley  was 
reinstated.  He  thereupon  said :  4<  Very  Well,  I  will 
reinstate  Dilley,  but  under  protest."  He  further  stated 
that  the  men  refused  to  return  to  work  until  they  had 
orders  from  their  delegate  meeting,  as  there  was  a  lock- 
out at  the  Fulham  Gasworks.  The  whole  five  hundred 


STORY   OF   THE   GAS-STOKERS'   PROSECUTION     241 

then  left  the  works.  It  was  admitted  in  cross-exami- 
nation that  the  six  defendants  were  only  part  of  the  whole 
five  hundred,  three  of  them  being  "  sent  for  "  by  Mr. 
Trewby,  who  regarded  them  "  as  taking  a  leading  part 
and  influencing  the  others."  This,  however,  was  not 
proven,  even  if  such  were  the  case.  The  men  alleged 
that  Mr.  Trewby  insulted  the  general  secretary  of  the 
union  when  he  called  upon  the  superintendent  ;  but 
this  Mr.  Trewby  denied.  The  men  said  that  insulting 
their  general  secretary  was  insulting  the  two  thousand 
men  in  the  union.  The  men  desired  not  only  that 
Dilley  should  be  reinstated,  but  also  two  men  at  Fulham. 

7.  Evidence    of  Foremen. — The  foreman   of    the    day 
gang  corroborated  generally  the  evidence  of  Mr.  Trewby 
as   to  what  took  place,  and   as  to  Mr.   Trewby  calling 
certain  names — being  four  of  the  defendants — to  question 
them.     He  further  declared  that  "  no  bad  language  or 
threats  were  used."     Another  foreman  spoke  as  to  the 
agreements — the    men,   he    said,  had   an   opportunity  of 
reading  the  agreements,  but  they  were  not  read  over,  nor 
were  they  posted  up  at  the  works.     The  six  defendants 
were    committed    for     conspiracy,    each    pleading    "  not 
guilty." 

8.  Defence    of  the    Men.— On    December    i4th,    Mr. 
Webster,    secretary    of    the    Gas-stokers'    Union,    called 
upon  me  and   Mr.  Broadhurst  to  see  if  anything  could 
be  done  towards  defending  the  men  ;   after  consultation 
with  Mr.  George  Potter,  a  meeting  of  leading  unionists 
was  called  for  the    i6th,  which  was  only  the  day  before 
that  fixed  for  their  trial  at  the  Old  Bailey.     At  that  meet- 
ing, in  addition  to  those  named  above,  Messrs.  William 
Allan,    Robert   Applegarth,   Daniel   Guile,   Lloyd  Jones, 
H.  Crompton,  and  W.  Mackenzie  (barristers)  and  others 
were  present.     A  Defence  Committee  was  then  formed, 
and  they  elected  Messrs.  George  Potter,  chairman,  Daniel 
Guile,  treasurer,  and  H.  Broadhurst,  secretary  ;   Messrs. 
Shaen,    Roscoe,    and    Massey  were  appointed    solicitors. 
The  latter  were  instructed  to  prepare  a  defence  for  the 
men,  secure  counsel,  and  try  to  get  the  trial  postponed. 


242  LABOUR   LEGISLATION 

As  to  the  latter,  the  most  that  could  be  obtained  was 
postponement  for  one  day — to  December  18,  1872. 
Messrs.  Douglas  Straight,  Q.C.,  M.P.,  and  Montague 
Williams  defended  the  men,  but  the  time  was  so  short 
that  the  ink  was  barely  dry  upon  their  briefs  before  they 
had  to  appear  in  court.  It  was  only  on  the  I4th  that 
the  summonses  were  heard  in  the  police-court — seven 
days  before  the  trial,  only  six  before  the  day  first 
fixed. 

9.  The     Indictment. — The     indictment     repeated     the 
charges  in  the  summons,  amplified  and  varied  in  many 
ways.     But  it  was  no  longer  the  Gas  Light  and  Coke 
Company  as  sole  prosecutor  ;  all  the  other  gas  compai  ies 
in  London,  six  large  companies  being  named,  "  and  divers 
other  companies  respectively."     In  the  ten  "  counts  "  of 
the  indictment  everything  that  clever  lawyers  could  devise 
to  ensure  a  conviction  was  put  into  it.     To  a  non-legal 
mind,  reading  such  documents  as  the  summons  issued  by 
the  police  magistrate   at  the  Woolwich  police-court,  and 
the  indictment  preferred  against  those  men   at  the  Old 
Bailey,  the  question  arises  whether  the  object  sought  was 
to  ensure  justice.    A  suspicion  was  manifest  that  vindictive- 
ness,  or  some  other  equally  base  motive,  desired  punish- 
ment, whether  legitimately  deserved  or  not. 

10.  Nature  of  the  Offence. — In  the  summons  there  is 
no  mention  of  the  six  other  gas  companies  enumerated, 
"  and   divers  other  companies."     The  offence  was  com- 
mitted at  Beckton,  the  superintendent  being  the  prosecutor 
on  behalf  of  the  company.     The  men  were  summoned  in 
the  first  place  for  breach  of  contract,  the  punishment  for 
which  was  a  term  of  imprisonment  "not  exceeding  three 
months."     My  contention  all  the  way  through  was  that 
for   conspiring    to    commit  and  committing  the  offence 
no  longer  term  of  imprisonment  could   be  lawfully  in- 
flicted.    The    extreme    penalty   of   the   law    for   wilful 
murder — the   gravest  of  all  crimes — is  death  ;  for  con- 
spiring   to    murder,  and  doing    the    deed — what  ?     The 
death  sentence,  none  other.     Justice  demands  the  maxi- 
mum   penalty  in  some  cases    of   crime  ;  in    other   cases 


STORY  OF  THE   GAS-STOKERS'   PROSECUTION     243 

mitigation  is  allowed  ;  to  impose  a  greater  penalty  than 
the  maximum  is  a  violation  of  the  principle  of  justice. 

1 1 .  The  Trial  and  Evidence. — The  trial  took  place  at 
the     Old   Bailey    on    December    18,    1872,    before    Mr. 
Justice  Brett.     In  the  brief  for  the  defence  it  was  alleged 
that  three  of  the  prisoners  were  not  present  at  the  inter- 
view   between    Mr.    Trewby    and    the    men     until    sent 
personally  for  by  him.     In  the  copy   of  deposition  put 
before  the  court  there  is  no  mention  of  any  gas  company 
except   the  Gas  Light  and  Coke  Company   at  Beckton, 
where    the    offence,    as    alleged,    was    committed.     The 
evidence  given  at  the  trial  showed  that  the  whole  of  the 
five  hundred  men  employed  acted  in  concert,  the  result 
of  combination.    Neither  the  prosecution,  nor  the  foremen 
called     as    witnesses,    complained    of    bad    language    or 
threats ;  but  three  or  four  of  the  men,  members  of  the 
union,  stated  or  implied  that  there  was  coercion.     Their 
evidence   was   the  most  damning  of  all,  and  these  very 
men  had  been  summoned  for  breach  of  contract.     But  I 
am  not  concerned  with  this  aspect  of  the  case.     If  intimi- 
dation   was    resorted    to    the    criminal   law    provided    a 
remedy  ;  if  breach  of  contract  was  committed,  there  was 
the  Master  and  Servant  Act,  1867,  to  punish. 

12.  Verdict  and   Sentence. — The    case  was    argued    at 
great  length  by  counsel  on  both  sides  and  by  the  judge 
as  to  the  validity  of  the  several  counts.     Some  were  dis- 
posed of.     The  jury  found  the  prisoners  guilty  of  one 
form  of  conspiracy,  as  indicated  by  the  judge,  but  recom- 
mended them  to  mercy.     The  judge  sentenced  them  to 
be  kept  in  prison  for  twelve  calender  months.     In  order 
to  justify  such  an  outrageous  sentence  the  judge  based  his 
decision  upon  the  Common  Law  as  to  conspiracy. 

13.  Legal  Opinion  of  Verdict  and  Sentence. — On  Decem- 
ber 2oth  the  secretary  of  the  Defence  Committee  received 
a  letter  from  the  solicitors  ;  a  meeting  of  the  Committee 
was  thereupon  convened  for  the  following  day,  when  the 
letter  was  read.    It  stated  that  having  only  been  instructed 
after  the  sessions  had  commenced,  and  true  bills  had  been 
found  against  the  prisoners,  they  (the  solicitors)  had  great 


244  LABOUR   LEGISLATION 

difficulty  in  obtaining  an  interview  with  the  prisoners,  and 
were  only  able  to  do  so  by  applying  to  the  judge  for  an 
order  for  that  purpose.  A  postponement  of  the  trial 
until  the  next  sessions  was  also  applied  for,  but  "  positively 
refused  "  by  Mr.  Justice  Brett.  "  It  was  only  with  great 
difficulty  that  counsel  obtained  a  delay  of  a  single  day  to 
enable  us  to  defend  them."  The  letter  continued  :  "  The 
judge  summed  up  very  strongly  against  them  (the 
prisoners),  and  put  the  two  following  questions  to 
the  jury  "  : 

"  1st.  Was  there  an  agreement  or  combination  to  force  Mr.  Trewby 
and  the  gas  company  to  conduct  the  business  of  the  company  contrary 
to  their  own  will,  by  any  improper  threat  or  improper  molestation  ? 
If  so,  that  is  an  offence  at  Common  Law,  which  is  not  abrogated  by  the 
Trade  Union  Act.  If  there  were  any  annoyance  or  unjustifiable 
interference,  that  would  be  an  improper  molestation." 

"  2nd.  Was  there  an  agreement  or  combination  to  prevent  the 
company  carrying  on  their  business  according  to  their  own  will,  by 
means  of  a  simultaneous  refusal  of  the  men  to  carry  out  their  contract  ? 
If  the  jury  answered  the  first  proposition  in  the  affirmative,  the 
prisoners  would  be  guilty  upon  the  first  and  second  counts  of  the 
indictment.  If  the  second  proposition  was  answered  in  the  affirmative 
they  would  be  guilty  upon  the  third  count. 

"The  jury  answered  the  second  proposition  only  in  the  affirmative, 
and  the  prisoners  were  therefore  convicted  upon  the  third  count, 
which  charged  the  prisoners  with  conspiring  to  break  their  contracts 
with  the  company,  by  leaving  the  company's  service  without  giving 
the  notice  required  by  the  contracts  they  had  entered  into." 

14.  Legal  Effect  of  the  Verdict. — The  letter  ends  thus  : 
"  If  the  jury  had  answered  the  first  proposition  of  the 
judge  in  the  affirmative,  it  would  have  been  very  desirable 
to  have  got  a  point  of  law  reserved,  if  possible,  in  order 
to  test  the  soundness  of  the  law  as  laid  down  by  Mr. 
Justice  Brett  in  that  proposition,  because  it  is  so  wide  that 
if  it  were  held  to  be  good  law,  it  would  be  very  difficult 
for  any  body  of  men  to  combine  together  to  obtain  terms 
from  their  employers  which  the  employers  might  not  be 
ready  to  grant  of  their  own  free  will,  without  exposing 
themselves  to  the  risk  of  a  criminal  prosecution  for 
conspiracy.  As  the  jury,  however,  only  replied  in  the 
affirmative  to  the  second  proposition,  and  so  convicted 


STORY  OF  THE  GAS-STOKERS'   PROSECUTION     245 

the  prisoners  upon  the  third  count  of  the  indictment,  there 
is  no  opportunity  to  carry  the  case  further,  because  there 
can  be  no  doubt  that  under  the  existing  laws  it  is  a 
statutable  offence  to  break  a  contract  of  service,  and, 
therefore,  a  Common  Law  misdemeanour  to  conspire  to 
commit  the  offence." 

15.  Decisions  of  and  action  by  the  Defence    Committee. 
— Upon  the  reading  of  the  solicitors'  letter  the  Committee 
at  once  decided  to  take  action.     They  first  elected  a  sub- 
committee to  issue  an  appeal  for  funds  to  pay  the  costs  of 
the  trial  and  support  the  men's  families  while   they  were 
in   prison.      It  was    next  resolved    to   ask    "  the   Home 
Secretary  to  receive  a  deputation  on  the  subject,  urging  a 
remission  of  the  sentence  passed  on  the  men."     At  that 
meeting   I  warmly  contested   the  validity  of  the  severe 
sentence  passed  by  Mr.    Justice   Brett,  contending   that 
conspiring  to  commit  a  crime  could  not  lawfully  carry  a 
heavier  sentence  than  the  committal  of  the  crime,  supposing 
that  the  Statute  Law  had  fixed  a  maximum  punishment. 
In  this  case  the  men  had  conspired  to  break  a  contract,  or 
contracts  ;  breaches  of  contract  had   followed  ;   of  that 
offence  the  men  were  found  guilty  ;  the  maximum  penalty 
for  breach  of  contracts  of  service  was  "  a  term  not  exceed- 
ing   three   months "  ;  therefore,   said    I,   the  sentence   of 
twelve  months  will  not  hold  good.  The  Committee  there- 
upon requested  me  to  prepare  a  memorial,  to  be  presented 
to  Mr.  Bruce  by  the  deputation,  if  he  consented  to  receive 
it.     It  was  then  agreed  to  summon  a  full  committee  for 
December  28th. 

1 6.  Correspondence  with  Mr.  Bruce. — A  letter  was  sent 
to  the  Home  Secretary  asking  him  to  receive  a  deputation 
on  December  23rd  ;  on  the  2yth  a  reply  was  sent  by  Mr. 
R.  S.  Mitford,  acknowledging  its  receipt,  adding  :  "  Mr. 
Bruce  desires  me  to  say,  before  giving  an  answer  to  your 
request,  he  would  be  glad  to  be  informed  of  the  specified 
points  which  the  deputation  wishes  to  lay  before  him  at  the 
proposed  interview."     At  the  Committee  meeting  on  the 
following  day,  December  28th,  the  following  points  were 
ordered  to   be  put  to  the    Home    Secretary  :     "  ist.  Is 


246  LABOUR   LEGISLATION 

Mr.  Justice  Brett's  summing  up,  as  represented  in  the 
Times  newspaper  report,  a  correct  exposition  of  the  Common 
Law  of  conspiracy  ?  2nd.  What  was  the  intention  of  the 
Government  in  inserting  the  clauses  and  provisions  re- 
specting conspiracy  in  the  Trade  Union  Act  and  the 
Criminal  Law  Amendment  Act  ?  "  The  drafted  circular 
appealing  for  funds  was  read  and  adopted,  being  signed 
by  William  Allan,  George  Howell,  Robert  Applegarth, 
George  Potter,  Daniel  Guile,  Henry  Broadhurst,  and 
twelve  other  labour  leaders  ;  also  by  Messrs.  Thomas 
Hughes,  M.P.,  Frederic  Harrison,  Henry  Crompton, 
William  Cobbett,  William  Mackenzie  (barristers)  ;  Pro- 
fessor Beesly,  Captain  (afterwards  Admiral)  Maxse,  Rev. 
J.  M.  Murphy,  and  others.  In  the  circular  issued  the 
Committee  called  particular  attention  to  the  following 
remarks  of  Mr.  Justice  Brett  in  passing  sentence  :  "  The 
time  had  come  when  a  serious  punishment,  and  not  a 
nominal  or  light  one,  must  be  inflicted — a  punishment 
that  would  teach  men  in  your  position  that  though,  with- 
out committing  any  offence,  they  may  be  members  of  a 
trade  union,  or  might  agree  to  go  into  an  employment  or 
leave  it  without  committing  any  offence,  yet  they  must 
take  care  when  they  agree  together  that  they  shall  not  do 
it  by  illegal  means.  If  they  do  that  they  are  guilty  of  a 
conspiracy,  and  if  they  mislead  others  they  are  guilty  of  a 
wicked  conspiracy."  Singularly  enough  the  third  count 
did  not  charge  these  men  with  breaking  their  contracts  at 
all,  only  with  conspiring  to  do  so — was  conspiring  to  do  so 
a  greater  offence  than  the  act  itself  ? 

17.  Mr.  Bruce  s  Attitude. — The  committee  met  again 
on  January  7,  1873.  A  letter  from  the  Home  Office, 
signed  A.  F.  O.  Liddell,  dated  January  4th,  was  read,  in 
which  he  said  that  Mr.  Bruce  invariably  declined  "  to 
receive  deputations  for  the  purpose  of  inducing  him  to 
alter  sentences  passed  in  courts  of  law."  But  he  suggested 
that  if  a  memorial  was  sent  to  him,  "  setting  forth  the 
grounds  for  mitigating  the  sentence  on  the  gas  stokers, 
it  would  receive  his  (Mr.  Bruce's)  most  careful  attention." 
Mr.  Bruce  also  declined  to  receive  a  deputation  on  the 


STORY   OF   THE   GAS-STOKERS'    PROSECUTION     247 

subjects  submitted  to  him  in  two  questions  put  to  him  by 
the  Committee.  The  letter  added  :  <c  The  Secretary  of 
State  is  not  a  court  of  appeal  from  the  decisions  of  her 
Majesty's  judges  on  questions  of  law,  and  has  no  authority 
to  overrule  them."  It  went  on  to  say  that  "the  court  for 
the  Consideration  of  Crown  Cases  Reserved  is  the  proper 
tribunal  to  decide  such  questions."  The  letter  added 
that  the  counsel  engaged  should  have  asked  for  a  case,  and 
threw  the  onus  of  not  doing  so  upon  the  defence.  But, 
as  we  have  seen,  counsel  was  debarred  by  reason  of  the 
verdict  being  on  the  third  count.  This  ought  to  have 
been  known  at  the  Home  Office.  Mr.  Bruce  peremptorily 
refused  to  receive  a  deputation  on  the  subject,  or  upon  the 
questions  submitted  to  him,  or  to  discuss  the  matter  in 
any  way.  He  would  only  answer  in  Parliament  as  to  the 
Government's  intention  of  retaining  or  repealing  the 
Criminal  Law  Amendment  Act.  Mr.  Bruce  could  be 
curt  and  brusque  when  he  liked  ;  on  this  occasion  he 
emphasised  these  qualities. 

1 8.  Memorial  to  Home  Secretary. — "After  some  very 
strong    expressions    of  feeling  on  the  Home  Secretary's 
letter" — I  quote  from  the  report — the  memorial  as  prepared 
was  read  and  agreed  to,  the  Secretary  being  instructed  to 
forward  it  to  the  Home  Office — the  report  adds  :  "  And 
here  let  it  be  stated  that  the  memorial  was  prepared  by 
Mr.  George   Howell,  and,  although  the  legal  gentlemen 
on   the  Committee  held  views  differing  in  some  respects 
from  those  therein  expressed,  they  offered   no  opposition 
to  its  being  sent."     I  may   perhaps   be  allowed  to  add 
that  six  barristers  were  present  at  the  meeting  ;  they  all 
demurred,   more    or  less,  to  that  part  of  the  memorial 
which  called  in  question  the  legality  of  the  sentence.     I 
regarded  it  as  a    strong  point,  and    urged  its   adoption. 
After  considerable  discussion,  during  which  the  opinion 
veered  round  to  my  view,  to  some  extent,   Mr.  Thomas 
Hughes  said  :   "  Well,  let  us  send  it,  it  can  do  no  harm  ;" 
thereupon   it  was  adopted    without   dissent    and  sent  as 
drafted. 

19.  Contention  in  the  Memorial. — The  memorial  was  a 


248  LABOUR   LEGISLATION 

lengthy  one,  covering  the  whole  case,  and  quoting  sections 
of  Acts  of  Parliament  which  applied,  or  seemed  to  apply. 
It  contended  that  the  law  as  laid  down  by  the  judge  was 
not  sound  ;  that  the  specific  charges  against  the  men  were 
not  proven  ;  and,  if  wrong  in  these  contentions,  that  the 
sentence  was  excessive  and  unauthorised  by  law.  It  stated 
that  the  men  were  prosecuted  by  one  party  for  one  offence, 
and  that  they  were  punished  for  another.  Special  stress 
was  laid  upon  the  fact  that  for  breach  of  contract,  even 
when  "  aggravated  by  misconduct,"  the  extreme  penalty 
was  limited  to  three  months'  imprisonment. 

20.  The  Home  Office  :  Remission  of  Sentence. — The 
Defence  Committee  waited  anxiously  for  an  answer  from 
Mr.  Bruce  to  the  memorial  sent  at  his  own  request. 
Three  weeks  elapsed — still  no  reply.  The  Committee  was 
thereupon  convened  ;  it  met  on  February  i,  1873,  when 
a  surprise  awaited  it.  The  report  says  :  "  By  a  careful 
perusal  of  the  memorial  it  will  be  seen  that  it  dealt  with 
the  entire  subject.  Notwithstanding  that  the  memorial 
was  sent  at  the  invitation  of  the  Home  Secretary,  the 
Committee  did  not  receive  an  answer  to  it.  At  the  next 
meeting  of  the  Committee,  held  on  February  ist,  a 
telegram  was  received  from  Mr.  Mundella,  M.P.,  stating 
that  Mr.  Bruce,  the  Home  Secretary,  had,  upon  a 
memorial  from  the  imprisoned  gas  stokers  themselves, 
commuted  the  sentence  of  twelve  months'  imprisonment, 
passed  upon  the  convicted  gas  stokers  by  Mr.  Justice 
Brett,  to  imprisonment  of  four  months,  thus  taking  off 
eight  months  of  their  incarceration.  The  Committee  knew 
nothing  whatever  of  the  memorial  from  the  men  to  the 
Home  Office  ;  but  from  inquiries  made  it  appeared  that 
the  memorial  sent  from  this  Committee  to  the  Home 
Office  had  so  bothered  them  that  they  were  forced  to  take 
action  of  some  kind.  They  could  not  confirm  the 
sentence  passed  by  Mr.  Justice  Brett ;  neither  did  they 
like  to  surrender  to  the  views  of  our  memorial.  A  third 
course  was  open  to  them,  which  they  availed  themselves 
of,  viz.,  to  call  in  the  services  of  a  friend  who  would 
arrange  a  memorial  from  the  prisoners  themselves." 


STORY   OF  THE   GAS-STOKERS'    PROSECUTION     249 

21.  The  Men's  Memorial — how  Arranged. — I  am  able 
to  supply  the  missing  link.  My  lips  were  sealed  at  the 
time,  because  I  was  taken  into  confidence.  But  the  facts 
ought  to  be  known.  The  "friend"  whose  services  were 
requisitioned  by  the  Home  Office  was  Mr.  Thomas 
Hughes,  M.P.  He  suggested  that  Messrs.  Shaen, 
Roscoe,  and  Massey  should  be  entrusted  with  the  matter. 
I  was  waited  upon  to  know  whether  I  had  any  objection  to 
a  memorial  from  the  men,  and  whether,  if  the  sentence 
were  commuted  to  four  months'  imprisonment,  I  would 
consent  to  allow  the  Committee's  memorial  to  drop,  in  so 
far  as  action  in  the  House  of  Commons  was  concerned. 
I  was  thus  approached,  not  merely  as  the  writer  of  the 
memorial,  but  as  secretary  to  the  Parliamentary  Com- 
mittee of  the  Trades'  Congress.  By  degrees  I  learned  the 
position  of  affairs.  Legal  opinion  at  the  Home  Office 
was  somewhat  divided  upon  the  subject  of  the  sentence. 
Then  the  memorial  was  remitted  to  the  law  offices  of  the 
Crown — the  Attorney-General  and  Solicitor-General. 
Here  again  there  was  a  slight  divergence — one  held  one 
opinion,  the  other  another.  Mr.  Justice  Brett  was  con- 
sulted, and  then  a  compromise  was  suggested  which  left 
the  question  of  the  legality  of  the  sentence  unquestioned, 
while  its  severity  was  reduced  by  two-thirds  of  the  period 
of  imprisonment.  I  was  consulted  as  to  the  terms  of  the 
men's  petition  for  mercy  ;  the  representative  of  Messrs. 
Shaen,  Roscoe,  and  Massey  had  free  access  to  the 
prisoners  to  obtain  their  signatures  ;  the  whole  expense 
was  borne  by  the  Home  Office,  and  the  men  were  in  due 
course  released.  The  Committee's  memorial  was  therefore 
successful  beyond  expectation,  though  it  did  not  quite 
accomplish  what  the  writer  thereof  desired. 

2  2 .  Decisions  of  Defence  Committee  as  to  Further  ^Action. 
— Whilst  the  Committee  (I  quote  the  report)  appreciated 
the  remission  of  the  sentence  so  far  as  it  went,  they  were 
greatly  dissatisfied  with  the  evasive  manner  in  which  it 
had  been  done  ;  more  especially  as  the  Government  had 
by  so  acting  shirked  the  responsibility  of  giving  an 
opinion  on  the  law.  The  views  and  feelings  of  the  Com- 


250  LABOUR   LEGISLATION 

mittee  are  best  expressed  by  the  following  resolutions 
unanimously  passed  at  the  meeting  held  on  February  i, 
1873:— 

uist.  That  the  Home  Secretary,  in  asking  from  the  Committee  a 
memorial  on  behalf  of  the  imprisoned  gas  stokers,  and  in  not  having 
even  acknowledged  its  receipt,  or  replied  to  its  prayer,  has  committed 
an  act  of  discourtesy  to  the  Committee,  and  that  such  conduct  is  not 
likely  to  meet  the  approval  of  the  masses  of  the  working  people. 

"  2nd.  That  this  Committee  is  strongly  of  opinion  that  the  remission 
of  sentence,  reducing  the  imprisonment  of  the  gas  stokers  to  four 
months,  is  wholly  inadequate  to  the  justice  of  the  case,  and,  therefore, 
the  Committee  will  continue  to  urge  the  immediate  liberation  of  the 
men  so  unjustly  imprisoned. 

"  3rd.  That  the  Committee,  in  addition  to  its  present  duties, 
resolves  itself  into  a  committee  of  agitation  for  procuring  the  repeal  of 
the  penal  laws  against  the  working  classes,  and  that  a  fund  be  raised  for 
that  purpose." 

In  accordance  with  the  last  resolution  some  great  meet- 
ings were  held  in  London,  but  the  further  work  in  this 
connection  devolved  upon  the  Parliamentary  Committee, 
the  proceedings  of  which  will  be  resumed  later  on. 

23.  Funds  and  Disbursements. — The  original  object  of 
the  fund  started  by  the  Committee  was  the  defence  of  the 
men  tried  for  conspiracy  ;  then  the  relief  of  the  families 
of  the  five  men  sentenced  to  twelve  months'  imprisonment. 
Subsequently  the  Committee  extended  such  relief  to  the 
families  of  the  men  who  had  been  sentenced  to  six 
weeks  and  one  to  three  months  for  breach  of  contract. 
The  distribution  of  the  funds  was  specially  confided  to 
Mr.  Henry  Broadhurst,  the  secretary,  and  Mr.  Daniel 
Guile,  the  treasurer,  subject  always  to  the  decisions  of  the 
Committee.  On  one  occasion  an  outsider,  that  is,  one  not 
on  the  Committee,  offered  to  become  the  almoner — to 
4<  relieve  Mr.  Broadhurst  of  some  of  the  work,"  he  said. 
Mr.  Broadhurst  consulted  me  on  the  matter,  when  I  said, 
"  We  hold  you  responsible  for  the  disbursement  of  the 
funds,  and  if  you  delegate  the  work  to  another  it  will  be 
at  your  peril."  The  man  who  thus  was  refused  nearly 
ten  years  afterwards  remembered  the  refusal,  and  sought 
to  besmirch  Mr.  Broadhurst's  character  and  mine  by  an 
accusation  of  a  misuse  of  the  funds.  I  could  not  have 


STORY  OF  THE  GAS-STOKERS'    PROSECUTION     251 

misused  them  if  I  would,  for  I  never  had  the  spending  of 
any  portion.  I,  with  Mr.  William  Allan,  audited  the 
accounts,  which  were  duly  vouched,  the  whole  being 
admirably  kept  by  the  treasurer,  Mr.  Daniel  Guile. 
Every  penny  up  to  date  was  accounted  for,  and  the 
Committee  unanimously  passed  the  balance  sheet  and 
report,  copies  of  which  were  sent  to  the  newspapers,  to 
all  subscribers,  to  every  member  of  the  Committee,  and 
to  the  officers  of  the  chief  trade  unions  at  that  date. 

24.  Object  of  the  Fund. — The  secretary  reported  to  the 
Committee  every  case  in  which   relief  was  granted,  the 
amount    in    each    case,    and    the     circumstances    of    the 
recipients.     This   refers  to  those  who  were  prosecuted, 
convicted,  and  imprisoned  for  breach  of  contract  in  the 
batch  summoned  and   sentenced  at  the  Woolwich  police- 
court.     Some  of  these  men,   it  would  appear  from  what 
afterwards  transpired,  regarded  themselves  as  heroes,  and 
as  such  entitled  to  more  than  the  Committee  sanctioned 
and  voted.     But  we  did  not  consider  them  heroes,  only  as 
victims,  harshly  punished  under  an  unjust  law.     We  con- 
demned the  gas-stokers'  strike.     No  member  defended  it. 
What  we  denounced  was  the  way  in  which  the  prosecution 
was  conducted  ;  the  issue  of  five  hundred  summonses  to  be 
used  for  the  purpose  of  weeding  out  the  men's  leaders  ;  and 
the  use  of  the  Common  Law  of  conspiracy  to  crush  the 
movement   for    bettering  the   condition  of  the  workers. 
The  labour  leaders  saw  in  those  prosecutions  a  menace  and 
danger  to  trade  unions,  and  the  latter  contributed  money 
to  avert  that  danger  by  the  defence  of  the  men  charged 
with  conspiracy  ;  the  assistance  given  to  the  families  after 
conviction  was  because  of  the  cruel  sentence,  a  vindictive 
sentence  as   we  all  regarded  it,  not  for  the  offence,  not 
because   of  any  actual  injury  done  to  the   complaining 
party,  not  for  violence  or  threats,  but  because  injury  might 
have  been  caused  to  a  third  party — the  public,  in  no  way 
concerned  in  the  prosecution,  and  not,   as  it  happened, 
inconvenienced  or   affected  by  the   dispute. 

25.  Close  of  Subscription  List. — At  a  meeting   of  the 
Defence    Committee    held   on    February    2oth,    it   was 


252  LABOUR   LEGISLATION 

decided  to  close  the  subscription  list,  and  issue  an  address 
to  the  trades  and  subscribers.  The  address  stated  that  the 
fund  subscribed  sufficed  for  the  purpose  for  which  it  was 
designed,  thus  :  "  Every  proper  provision  has  been  made 
for  the  men  and  their  families,  as  well  as  considerable 
help  rendered  to  those  imprisoned  by  the  magistrates. 
For  this  purpose  nothing  more  is  needed."  It  went  on  to 
say  that  "  a  properly  audited  balance  sheet  would  be  pub- 
lished in  the  Beehive,  giving  a  detailed  statement  of  the 
whole  of  the  income  and  expenditure."  This  was  in  due 
course  done.  The  address  then  referred  to  further  action 
as  the  outcome  of  the  prosecution,  the  nature  of  which  will 
appear  in  another  chapter. 

26.  Released.     Reception   of  the   Men. — The    five    im- 
prisoned gas  stokers  were  released  from  Maidstone  Gaol, 
Tuesday,   April   16,    1873,   having   then    completed  the 
commuted  sentence  of  four  months'  imprisonment.     The 
Maidstone   Trades    Council,   and   deputations  from    the 
London  Trades   Council,    the    Defence    Committee,  the 
Reformers'     Union,    the    Democratic    League,    and    the 
Patriotic    Club,    also   from    the    Canterbury,    Chatham, 
Dartford,  and   other  Labour  Councils   in   Kent,  met  at 
Sun  Inn,  High  Street,  Maidstone,  at  8.30  a.m.,  and  thence 
proceeded  to  the  prison  gates  to  welcome  the  five  men  on 
their  release  at  nine  o'clock.     They  were  received  by  the 
vast  concourse  assembled  with  loud  and  prolonged  cheers  ; 
they  were  escorted  to  a  carriage  and  followed  by  a  large 
procession  to  the  Sun  Inn,  where  an  excellent  breakfast 
had  been   provided. 

27.  The   Defence    Committee's    Work    Completed. — The 
men  were  in  good  health,  apparently  none  the  worse  for 
their  incarceration.     They  stated  that  the  governor  of  the 
gaol  and  his  subordinates  had  treated  them  well  during 
their  incarceration.     The  men  were  in  their  best  attire,  for 
the  Committee  had  sent  their  best  clothes  to  the  gaol  in 
advance.      Speeches  were  made    at    the    breakfast.      Mr. 
George  Shipton  addressed  the  vast  crowd  outside  in  the 
High    Street  ;  a   great    meeting    was    held    in    the  Corn 
Exchange   in    the   evening  ;    and    subsequently  the  men 


STORY   OF  THE   GAS-STOKERS'    PROSECUTION     253 

were  entertained  by  the  trades  in  London.  The  men 
expressed  their  gratitude  for  what  had  been  done  in  their 
behalf,  as  regards  their  defence,  in  the  commutation  of 
their  sentence,  the  support  of  their  families,  and  the 
splendid  welcome  accorded  to  them  on  their  release.  It 
was  stated  that  the  secretary  of  the  Defence  Committee 
had  personally  visited  their  homes  every  week  during  their 
incarceration.  Two  of  the  men,  Thomas  Dilley  and 
George  Ray,  with  their  wives  and  families,  were,  at  their 
own  request,  sent  to  New  York,  passage  paid,  by  the 
Committee.  The  other  three  were  assisted  until  they  found 
employment.  The  story  of  the  gas-stokers'  strike,  prose- 
tion,  trial,  conviction,  sentence,  its  commutation  and 
their  release,  has  been  told  at  some  length  because  of  the 
importance  of  the  event,  the  interest  it  excited,  and  the 
effects  as  regards  the  agitation  for  the  repeal  of  the 
Criminal  Law  Amendment  Act,  the  Master  and  Servant 
Acts,  and  for  the  reform  of  other  laws  affecting  labour. 
The  action  taken  and  its  results  will  be  told  subsequently.1 

1  An  extended  Authorised  Report  of  all  proceedings  connected 
with  the  Gas  Stokers'  Case,  the  prosecution,  memorial  for  the  men's 
release,  and  an  account  of  all  money  subscribed  and  expended,  was 
published  by  the  Committee  in  a  pamphlet,  copies  of  which  were  sent 
to  all  subscribers,  and  to  the  newspapers. 


CHAPTER   XXVI 

AGRICULTURAL    LABOURERS    :      UNIONS    AND    STRIKES 

IT  is  desirable  here  to  interpose  chapters  with  respect 
to  two  movements  very  much  to  the  front  in  the 
early  seventies.  To  postpone  the  account  would  necessi- 
tate either  an  awkward  break  in  the  narrative  respecting 
the  agitation  on  the  Labour  Laws  at  a  critical  period,  or 
its  postponement  until  after  legislation  was  effected  in 
1875.  It  i§  more  fitting  that  I  should  deal  with  the 
subjects  here,  especially  as  regards  the  agricultural 
labourers,  inasmuch  as  the  unions  then  created  took  part 
in  the  agitation,  then  in  full  swing,  for  the  repeal  of  the 
Criminal  Law  Amendment  Act,  the  Master  and  Servant 
Acts,  and  other  laws  affecting  labour.  The  "Plimsoll 
Movement  "  also  was  carried  on  at  the  same  time,  the  then 
labour  leaders  taking  an  active  part  therein,  trade  unions 
contributing  largely  to  the  funds. 

I. — Formation  of  Agricultural  Labourers'   Unions. 

i .  Mr.  Joseph  Arch's  first  appearance  at  a  Trades  Union 
Congress  was  in  January,  1873,  at  Leeds,  when  he  read  a 
paper  on  the  "  Employment  of  Women  and  Children  in 
Agriculture."  Congress  heartily  endorsed  the  views 
therein  set  forth,  and  by  resolution  expressed  "  great 
pleasure  at  the  formation  of  trade  unions  amongst  the 
agricultural  labourers/'  Mr.  Arch  also  spoke  at  the 
great  public  meeting  in  the  Mechanics'  Hall  on  the 
repeal  of  laws  ad  verse  9  to  labour. 

254 


AGRICULTURAL   LABOURERS  255 

2.  Condition  of  Labouring  Population. — It  has  been  said 
that  the  first  idea  of  a  National  Union  of  Agricultural 
Labourers    originated    with    Canon    Girdlestone     at    a 
meeting  of   the  British  Association  held  in  Norwich    in 
1868.     Certain  it  is  he  expressed  the  opinion  that  nothing 
short  of  combination  could  effect  any  real  improvement 
in    the  deplorable    condition  of  the   English    peasantry. 
But,    as   previously    seen,   the    formation    of    labourers' 
trade  unions  dates  back  to  at  least   I833.1     Even  prior 
to  that  there   were  revolts  of  the  peasants,  but  usually 
they  ended  in  disaster.     The  difficulties  in  the  way  of 
organisation  were  great.     Farm  labourers  were  scattered, 
and  to  some  extent  isolated.     They  were  not,  as  a  rule, 
in  close  contact,   except   in  very  small   groups.      Cheap 
transit  was  unknown.     The  men  were  under  the  thumb 
of  the   farmer,  the  squire,   and   the  parson  ;  they  were 
timid  and  suspicious  one  of  another.     And  no  wonder  ; 
for  suspicion   of  each    other  was  encouraged,   not    con- 
demned, by  their  employers  and  those  others  in  authority 
over   them.     Their  means  were  so  limited  that  they  were 
ever    on    the    brink    of    pauperism.     Independence    was 
almost    impossible    among    them.      To   assert    it    meant 
dismissal  or  the  loss  of  any  village  dole  left  by  a  "  pious 
ancestor  "  or  donor,  and  of  temporary  help  rendered  by 
the  squire  or  local  gentry.     This  was  especially  the  case 
in  the  purely  agricultural  districts  where  the  rural  popu- 
lation had  no  factories  or  other  works  offering  chances  of 
employment  to    the    bold    innovator   who,    like    Oliver 
Twist,  dared  to  ask  for  more.     Independence  and  self- 
reliance    are  grand  qualities,   but  they  are    damped   by 
hunger  and  threatened  starvation. 

3.  Origin    of  the  Movement. — The    Duke    of   Marl- 
borough,  in  a  speech  to  his  tenantry  in  Oxfordshire  in 
the   summer    of    1872,    said    that    the    movement   was 
"  brought  about  by   agitators  and  declaimers,  who  had, 
unhappily,  too  easily  succeeded  in  disturbing  the  friendly 
feeling  which  used  to  unite  the  labourer  and  his  employer 
in  mutual  feelings  of  generosity  and  confidence."     Nice 

1  See  Chap.  VIII.  pars.  7-9. 


256  LABOUR   LEGISLATION 

words — but  where  did  the  "  generosity "  come  in,  or 
even  the  "  confidence  "  ?  The  Duke  was  wrong  in  his 
facts.  The  movement  actually  began  in  the  early  part  of 
1872,  at  a  time  when  "trade  and  commerce  advanced  by 
leaps  and  bounds  "  ;  when  fortunes  were  amassed  with 
unusual  rapidity  ;  when  wages  also  advanced,  especially 
in  the  coal,  iron,  and  other  industries,  with  greater  speed 
than  had  ever  been  known  before  in  the  history  of  labour. 
The  movement  originated  solely  among  a  few  agricultural 
labourers  in  this  wise.  Two  or  three  farm  labourers  in  a 
small  village — Weston-under-Weatherley,  three  or  four 
miles  from  Leamington — <c  agreed  to  send  to  a  local 
newspaper  a  statement  showing  their  small  and  inadequate 
earnings  and  the  hardships  and  privations  which  they 
were  compelled  to  endure.  The  letter,  fortunately,  was 
published.  They  suggested  that  an  able-bodied  farm 
labourer  ought  to  be  paid  2s.  6d.  per  day.  Oh  !  unheard 
of  audacity  !  The  labourers  in  the  village  of  Charlecote 
and  others  read  the  letter,  and  the  idea  of  2s.  6d.  per  day 
fascinated  the  Charlecote  labourers.  They  talked  the 
matter  over,  and  one  bolder  than  the  rest  proposed  that 
they  should  form  a  union,  like  those  in  the  trades.  He 
offered  there  and  then  to  sign  a  paper  and  pay  a  subscrip- 
tion if  his  companions  would  agree  to  do  the  same. 
Eleven  men  were  soon  found  courageous  enough  to  sign 
the  paper,  and  pay  a  small  sum  towards  forming  a  union 
or  club. 

4.  Joseph  Arch  as  Adviser  and  Heifer. — Of  course  the 
news  of  what  had  been  done  and  was  being  done  soon 
spread  from  village  to  village.  Unionism  was  in  the  air. 
But  the  men  were  ignorant  about  trade  unions  ;  they 
knew  nothing  of  organisation  or  management.  In  talking 
the  matter  over,  they  thought  of  Joseph  Arch,  the  Bar- 
ford  labourer.  He  was  well  known  to  them  as  a  local 
preacher.  They  wanted  to  hold  a  public  meeting,  and 
they  sent  two  of  their  number  as  a  deputation  to  ask  his 
assistance.  This  was  on  February  12,  1872.  Mrs.  Arch 
first  saw  the  deputation,  and  when  they  told  her  the 
nature  of  their  mission,  she  said  that  "  she  thought  they 


AGRICULTURAL   LABOURERS  257 

had  not  sufficient  spirit  to  form  a  union."  They  replied 
that  they  had,  and  meant  to  go  on  with  it.  Joseph  was 
then  called.  He  heard  their  story  ;  he  entered  into  their 
plans,  and  promised  to  attend  and  speak  at  the  Welles- 
bourne  meeting  to  be  held  on  the  I4th,  two  days  after 
the  interview.  Joseph  Arch  was  the  man  for  the  occasion. 
He  had  no  knowledge  of  organisation  or  of  trade  union 
movements.  His  name  was  at  that  time  unknown  in 
the  labour  world.  But  he  was  a  born  orator.  His 
practice  as  a  local  preacher  had  given  him  confidence,  self- 
reliance,  freedom  of  gesture,  and  a  flow  of  language.  He 
was  honest,  fearless,  dogged,  persistent,  and  not  afraid  of 
work.  He  knew  the  conditions  of  agricultural  life,  the 
privations  and  miseries  of  the  labourer's  lot,  and  limited 
ambitions. 

5.  The  Wellesbourne  Meeting. — The  meeting  was  held 
under  difficulties,  in  drenching  rain.     Arch  had  walked 
in    slush   and    mud    along    the    roads    from    Barford    to 
Wellesbourne.     The  attendance  was  such  that  the  club- 
room  of  the  inn  was  too  small  to  hold  the   audience. 
The  meeting  adjourned  to  the  open  air,  when,  lo  !  the 
rural    police    were    on    the   alert  to    protest    against  the 
meeting  on  the  highway.     But   on  the  advice  of    Arch 
the  roadway  was  kept  clear.     Then  the  gas-lamps  were 
turned  out,  probably  in   the  hope  of  creating  disorder. 
Lanterns    were    procured    and     hung    upon    trees    and 
long  sticks,  and  so  the  meeting  continued,  ending  satis- 
factorily.    A  week  later  another  meeting  was  held,  Arch 
again  being  chief  speaker.     Then  followed  other  meetings 
in  various  villages,  attended  by  Arch. 

6.  Labourers'    Strike. — In    March    the    Wellesbourne 
labourers  sent  in  a  demand  for  2s.  8d.  per  day  ;  hours  to 
be  6  a.m.  till  5  p.m.,  to  end  work  on  Saturdays  at  3  p.m. ; 
also  for  4d.  per  hour  for  overtime.     The  farmers  took  no 
notice  of  the  joint  letter  of  the  labourers,  and  on  March 
nth    about    two    hundred  men    went  on  strike.     Some 
farmers  conceded  the  terms,  others  refused,  and  evicted 
the  labourers    from    their    cottages.     On    Good   Friday, 
March  29,  1872,  at  a  large  meeting  held  at  Leamington, 

18 


258  LABOUR   LEGISLATION 

under  the  presidency  of  the  Hon.  Auberon  Herbert,  M.P., 
the  several  local  unions  by  that  time  established  were 
united  in  one  body,  called  the  Warwickshire  Agricultural 
Labourers'  Union.  The  movement  spread  so  rapidly 
that  on  April  27,  1872,  Mr.  Arch,  in  a  letter,  proposed 
the  formation  of  the  "  National  Union  of  Agricultural 
Labourers." 

7.  Labourers    National  Congress. — On  May  29,   1872, 
a    national    conference    of    delegates    of    Agricultural 
Labourers'  Unions  was  held   at  Leamington,  under  the 
presidency  of  Mr.  George  Dixon,  M.P.  ;  eighty  delegates 
attended,  representing  twenty-six  English  counties.     At 
that    conference    the    National    Agricultural    Labourers' 
Union  was  constituted.     Joseph  Arch  was  elected  presi- 
dent,  Henry  Taylor  secretary,   and   J.  E.    M.   Vincent 
treasurer.     The    selection    of   officers    was    a    wise    one. 
Joseph  Arch  knew  little  or  nothing  about  organisation  or 
trade   unionism.     His  power  and  influence  was   on   the 
platform — that  was  his  rightful  place  and  work.     Henry 
Taylor  understood  trade  unionism  ;  he  had  experience  as 
a  branch  secretary  of  the  Amalgamated  Society  of  Car- 
penters and  Joiners,  was  trained  under  Robert  Applegarth, 
general    secretary.     Mr.     Vincent    did    good   work    as 
treasurer    and    as    the    proprietor    and    editor    of    the 
Labourers    Union  Chronicle. 

8.  Constitution  of  the  Union. — The  organisation  generally 
was  on  trade   union  lines.     There  was  to  be  an  annual 
meeting  of  delegates,  one  from  each  district  union    or 
branch.     At    that   meeting  an    executive     committee  of 
thirteen  members  had  to  be  elected— chairman  and  twelve 
others.     All    these    were    to    be    agricultural    labourers. 
Besides  those  there  was  to  be  a  consultative  committee, 
composed  of  friends  of  the  union,  who  were  authorised  to 
attend  executive  meetings,  but  not  to  vote.    The  declared 
objects  of  the  union  were  :   (i)  To  improve  the  general 
condition  of  agricultural  labourers  ;  (2)  to  promote  the 
formation  of  branch  and  district  unions  ;  (3)  to  promote 
co-operation  between  the  unions  already  established. 

9.  Danger  threatened,  but  averted. — The  formation  of 


AGRICULTURAL   LABOURERS  259 

the  Agricultural  Labourers'  Union  was  greatly  encouraged 
and  promoted  by  Birmingham  politicians.  It  was  at  a 
time  when  that  centre  of  activity  aspired  to  be  the  leader 
in  Radical  politics.  The  movement  among  the  labourers 
furnished  an  opportunity  of  winning  them  over  to  the 
Liberal  Party,  and  it  would  seem  that  there  was  a  project 
to  annex  them.  A  conference  was  held  in  London,  at 
Willis's  Rooms,  King  Street,  St.  James's,  to  give  the  new 
union  a  kind  of  national  send-off.  Professor  Fawcett, 
M.P.,  Professor  Bonomy  Price,  of  Oxford,  Walter  Mor- 
rison, M.P.,  and  a  host  of  others  assembled  on  the 
occasion — the  place  was  literally  thronged.  I  had  been 
appointed  one  of  the  honorary  secretaries,  but  I  found 
that  one  of  the  resolutions  was  of  such  a  character  that  I 
could  not  support  it,  and  I  refused  to  go  on  the  plat- 
form. It  was  modified  in  consequence,  and  in  its 
modified  form  was  carried.  The  object  appeared  to  me 
to  be  not  to  support  and  promote  a  trade  union,  but  to 
assist  in  establishing  an  association  partly  political  and 
partly  industrial,  which  should  be  partially  supported  by 
outside  sympathisers,  like  the  old  village  clubs.  I  knew 
the  danger  of  this,  and  I  knew  also  that  trade  unions  so 
constituted  could  not  thrive.  The  danger  was  averted, 
for  Joseph  Arch  was  not  weak  enough  to  be  a  tool  ;  his 
dogged  character  was  too  strong  to  be  adversely  influenced, 
and  Henry  Taylor  was  too  good  a  unionist  to  allow  the 
dole  system  to  subvert  the  principles  of  unionism.  Thus 
the  whole  pressure  of  the  labour  leaders  was  used  to 
preserve  unionism  in  the  new  union. 

10.  Progress  of  Unionism  among  Labourers. — It  is  not 
necessary  that  I  should  trace  the  growth  of  unionism 
amongst  the  agricultural  labourers  or  dwell  upon  its 
many  vicissitudes.  The  progress  of  the  movement  was 
phenomenal.  By  the  end  of  May,  1873,  tne  National 
Union  included  26  district  unions,  containing  982 
branches,  with  an  aggregate  of  70,000  members.  The 
income  for  the  first  year  was  £7,024  155.  iod.,  of  which 
£1,129  IS-  ?d-  had  been  given  as  donations  by  persons 
sympathising  with  the  movement.  As  the  expenditure 


260  LABOUR   LEGISLATION 

amounted  to  ^6,961  43.  9<i.,  it  is  clear  that  there  would 
have  been  a  serious  deficit  except  for  outside  help.  This 
was  all  very  well  at  the  first,  but  a  trade  union  must  be 
self-supporting  or  it  will  die.  The  progress  continued 
until  the  union  had  1,000  branches,  with  an  aggregate  of 
100,000  members  by  the  close  of  1873.  ^e  Labourers 
Chronicle  had  a  circulation  of  over  30,000  copies  per 
week.  Such  a  development  had  hitherto  been  unknown 
in  the  labour  world.  Besides  the  National  Union  there 
sprung  up  other  organisations,  such  as  the  Kent  and 
Sussex  Labourers'  Union,  the  Lincolnshire  Labourers' 
Union,  each  with  its  weekly  newspaper,  general  office,  and 
sets  of  officials.  Strikes  and  lock-outs  took  place,  wages 
were  advanced,  concessions  were  made  as  regards  hours  of 
labour  and  conditions  of  employment.  George  Mitchell, 
"  One  from  the  Plough/'  gave  time  and  money  to  the  move- 
ment, and  eventually  ruined  himself  with  losses  in  business 
and  expenditure  upon  his  annual  excursions  and  demon- 
strations at  Ham  Hill,  Somerset,  and  in  various  other 
ways  connected  with  the  movement. 

1 1 .  Fruits  of  the  Agricultural  Labourers  Unions. — The 
agricultural  labourers'  movement  was  partly  industrial, 
partly  political.  From  the  trade  union  point  of  view  the 
labourers'  unions  advanced  wages,  reduced  the  hours  of 
labour,  and  otherwise  bettered  the  condition  of  the 
labourer  in  various  ways,  always  on  the  lines  of  such 
organisations.  Politically  it  greatly  aided  the  movement 
for  extending  the  franchise  to  labourers  in  the  counties, 
which  was  conceded  in  1884-5.  ^  Paved  the  way  for 
County  Councils,  District  Councils,  and  Parish  Councils, 
now  in  one  form  or  another  universal.  And  it  gave  rise  to 
that  item  in  the  Birmingham  Programme — "  Three  acres 
and  a  cow,"  alas  !  not  yet  realised.  It  greatly  helped  to 
create  a  public  opinion  favourable  to  the  extension  of  the 
allotment  system  and  other  legislative  measures  of  reform. 
Whatever  advantages  agricultural  labourers  enjoy  to-day 
are  due  for  the  most  part  to  the  movement  instituted  in 
1872.  The  labourers  had  many  friends,  even  a  few 
clerical  ones.  The  bishop's  hint  of  a  ducking  in  a  horse- 


AGRICULTURAL   LABOURERS  261 

pond  helped,  rather  than  hindered,  Joseph  Arch  and  his 
associates  in  their  memorable  struggle. 

12.  Decay   of  Agricultural  Labourers'  Unions. — At  the 
close  of  the  nineteenth  century  the  movement  had  collapsed. 
In  the  year  1900  only  two  unions  are  recorded  in  Board 
of  Trade  (Labour  Department)  Report   on  Trade  Unions 
as  then  existing,  one  of  which,  with  two  branches,  had  only 
30  members  ;  the  other  was  started  in  1890  and  had   122 
members.     All  the  others  started  in  1872-3  had  been  dis- 
solved in  or  before  1895.   Joseph  Arch,  the  apostle  of  the 
movement,   still  lives  in  his  quiet  Barford  village  home, 
and  doubtless  often  thinks  of  the  vanity  of  human  wishes. 

13.  'Permanent  Advantages  secured  by  the  Unions. — It  is 
a  matter  of  personal  regret  that  the  agricultural  labourers* 
unions  have  practically  collapsed.    Unbounded  enthusiasm 
expended   itself  after  a   time.     Trade   unionism   requires 
something  more  than  a  spell  of  overflowing  energy,  which 
is  apt  to  flag.     To  be  permanent  it  needs  dogged  per- 
sistence, deep  convictions,  and  faith  in  the  principles  upon 
which  it  is  founded.     The  more  isolated  the  men,  the 
more  need  of  those  qualities.      Unions  thrive  most  where 
the  members  are  in  constant  close  contact  ;  mutual  sym- 
pathy and   support  keep    them    alive  and   active.     Self- 
sacrifice  is  less   needed   in  such   cases  than  in  the  rural 
districts  where  the  members  are  wide  apart.     But  if  the 
agricultural    labourers'    unions    are   no    longer  powerful, 
the  advantages  secured  cannot  be  wholly  taken  away.    The 
labourers  have   votes.     They  are  represented  upon  local 
bodies.     They  now  know  something  of  their   rights  as 
citizens  as  well  as  "  their  duties  to  those  in  authority  over 
them."  They  secured  a  direct  representative  in  the  House 
of  Commons  in  the  person  of  Joseph  Arch,  returned  in 
1885,    and  retired   only    in    1900 — u  my   Parliamentary 
representative,"  His  Majesty,  when  Prince   of  Wales,  is 
reported  to  have  said.     And  His  Majesty  paid  him  the 
compliment  of  visiting  him  in  his  village  home  after  he 
had  ceased  to  be  a  member.     The  position  of  the  agri- 
cultural labourer  has  been  advanced  socially   as  well    as 
materially.     He  is  a  serf  no  longer.     He  can  look  parson 


262  LABOUR   LEGISLATION 

and  squire  in  the  face  and  say,  "  I  also  am  a  man."  His 
wages  may  still  be  low,  but  they  will  not  again  fall  to  the 
miserable  pittance  of  thirty  or  forty  years  ago.  It  is  in  his 
own  power  to  secure  other  advantages  so  long  denied  to 
him  by  legislation  and  social  conditions. 


CHAPTER  XXVII 

II.    "OUR    SEAMEN  " THE    STORY    OF    THE    PLIMSOLL 

MOVEMENT 

T^HE  late  Mr.  Samuel  Plimsollhas  told  the  world  how 
J^  he  and  his  good  wife  resolved  to  devote  themselves 
and  their  fortune  to  the  cause  of  "Our  Seamen,"  and 
nobly  they  carried  out  their  mutual  resolve.1  Mr. 
Plimsoll  did  not  blindly,  or  even  hastily,  enter  upon  his 
crusade.  He  had  been  studying  the  subject  for  a  long 
time,  making  inquiries,  amassing  evidence,  arranging  and 
sifting  his  facts,  systematising  his  information,  and  prepar- 
ing for  his  great  battle  in  life — the  object  being  the  safety 
and  comfort  of  the  brave  men  in  our  mercantile  marine. 
He  sought  admission  into  Parliament  as  the  sailors'  friend, 
and  Derby  elected  him  mainly  on  that  ground,  he  being  at 
the  same  time  a  sound  Liberal,  in  general  accord  with  the 
constituency.  He  lost  no  time  on  admission  to  the 
House  of  Commons,  for  he  introduced  a  Bill  for  the 
purpose  of  securing  safety,  and  failing  to  carry  it  he 
strove  to  obtain  a  Royal  Commission  to  inquire  into  the 
subject.  In  this  also  he  failed — for  a  time  ;  but  it  was 
subsequently  appointed. 

i.  Mr.   Plimsoll  invokes  the  aid  of  Working  Men. — In 

1  In  later  years  Mr.  Plimsoll  married  a  second  time,  and  was 
fortunate  enough  to  marry  a  lady  as  devoted  to  the  cause  he  espoused 
as  the  first.  Both  were  noble-minded,  unselfish  women,  worthy  of  the 
man  and  of  the  great  and  humane  object  for  which  he  spent  his  life 
and  wealth. 

263 


264  LABOUR   LEGISLATION 

March,  1871,  Mr.  Plimsoll  invited  the  delegates  present 
at  the  Third  Annual  Trades  Union  Congress  to  meet  him 
at  dinner.  The  invitation  was  unanimously  accepted,  and 
nearly  all  the  delegates  attended.  At  that  dinner  Mr. 
Plimsoll  explained  his  object,  which  was  universally 
approved.  He  bespoke  their  sympathy  for  "  Poor  Jack/' 
which  was  heartily  accorded.  He  suggested  that  he 
might  want  their  help — it  was  promised. 

2.  Mr. Plimsoll' s Book— "Our Seamen"— Mr.  Plimsoll's 
labours  during  the  remainder  of  1871  and  in  1872  was 
quiet  rather  than  obtrusive.     He  continued  his  efforts  in 
Parliament  to  obtain  legislation  or  the  promise  of  inquiry 
by    a    Royal    Commission.     But   these    efforts   were    in- 
sufficient for  the  activity  of  his  brain.     I  often  saw  him 
during  that  time,  and  knew  that  he  was  preparing  a  book 
to  be   called  "Our  Seamen — An  Appeal."    In    January, 
1873,  the  first  copies  issued  were  distributed  at  the  Trades 
Congress  in  Leeds,  Mr.    Plimsoll,  M.P.,  again  inviting 
the  delegates  to  dinner.    He  was  now  able  to  particularise 
more   precisely  his    objects,  aims,    and   the    methods   he 
intended  to  adopt  for  the   protection  of  British    sailors. 
The  books  presented  to  the  delegates,  and  Mr.  Plimsoll's 
speech  produced  a  powerful  impression.     Mr.  Alexander 
Macdonald,  the  present  writer,  and  others  spoke,  and  Mr. 
Plimsoll    was    assured    not    only    of    sympathy,    but    of 
financial  support. 

3.  Character  of  the  Book. — Mr.   Plimsoll's  book,  u  Our 
Seamen,"    was    unique.      It  was  just    the  kind  of  book 
to  create  a  sensation.     His    appeal  was    direct,  fortified 
by     facts,    giving     their     source    with     authentications. 
Charts  and  illustrations  abounded  ;  extracts  from  news- 
papers were    reproduced,    underscored,   and  with    notes. 
Letters    in    facsimile    were    given,     and    then,     bolder 
than    most    writers,    he     intentionally    fixed    the    blame 
for  disasters    upon   certain    shipowners    and    shipbuilders 
whom  he  deemed  to  be  responsible  for  them,  some  of 
whom  were  his  colleagues  in  Parliament  on  both  sides  of 
the  House.     Libels  abounded,  but  Mr.  Plimsoll  heeded 
not.     He  believed  in  his  facts,  and  was  prepared  to  abide 


"OUR   SEAMEN"  265 

the  consequences.     Very  soon   writs  were  issued  against 
him,  but  even  these  failed  to  intimidate  him. 

4.  The   Man  and  the  Agitator. — Mr.    Plimsoll  evoked 
opposition  in  some  quarters  because  of — (i)  What  was 
called  his  sensationalism  ;  (2)  his  dogged  pertinacity;  and 
(3)  his  personal  attacks  upon  those  whom  he  deemed  con- 
spicuous offenders.     Few  men  knew  him  as  I  knew  him. 
For  years  I  was  in  very  close  contact  with  him,  especially 
so  during  the  whole  of  his  agitation,  sometimes  by  night 
as  well  as  day.     In  his    own    home,  in  the  Lobby  and 
smoking-room  of  the  House  of  Commons  ;  in  his  oft- 
times  rapid  smoking  strolls  along  the  platforms  of  Victoria 
Station,  the  bustle  and  noise  of  which  sometimes  soothed 
him  when  St.  James's  or  Hyde  Park  failed  to  do  so  ;  and 
on  board  the  steamers  that  plied  between   London  and 
Leith  and  Glasgow  ;  to  the  Tyne  and  the  Humber  and 
other  ports,  I   was  his   frequent  companion.     We  often 
paced  the   decks    in    the    early  morn   before    the   other 
passengers  were   out   of  their  berths.     I    thus   saw   him 
in  all  his  moods,  and    can    therefore   speak    with    some 
authority. 

5.  Sensationalism. — With  respect  to  (i)  his  alleged  "sen- 
sationalism," it  was  not  acting  or  playing  a  part,  as  some 
men  of  the  world  thought  or  suspected.     He  was  the  most 
sensitively  emotional  man  I  ever  knew,  and  I  have   come 
across  a  few.     The  horrors  of  a  seafaring  life  as  he  found 
it  to  be  in  numerous  instances  appalled  him.     He  could 
not  refer  to  some  of  the   incidents  of  that  life  and  its 
dangers  without  a  sob  in  his  throat  and  tears  in  his  eyes. 
In  the  House  of  Commons,  on  the  platform,  at  deputations 
to  ministers,  emotion  overcame    him.     But  he    was    the 
same  in  private,  where  such  manifestations  were  least  to 
be  expected,  and  where,  if  assuming  the  actor's  part,  it 
would  have  been  avoided  as  out  of  place.     It  was  natural 
to  his   character.     He  was  intensely  in  earnest,  and   he 
could  hardly  understand  any  one  not  feeling  as  he    did 
on  the  subject ;  as  he  told    the  sad  story,  and    pointed 
the  moral  in  fervid  eloquence,  not  as  an   orator,  but  as 
a  man  of  feeling,  his  emotion  was  visible. 


266  LABOUR   LEGISLATION 

6.  A  Pathetic  Incident. — On  one  occasion,  in  the  earlier 
days  of  the  movement,  I  was  with  him  at  in,  Victoria 
Street ;  he  was  lying  on  his  couch  profoundly  disturbed, 
his  head  rolling  on  the  cushion.  He  read  me  a  letter, 
and  I  suppose  expected  me  to  make  comments  or  express 
feeling.  I  could  do  neither.  Suspecting,  possibly,  lack 
of  interest  on  my  part,  he  looked  up  suddenly  and 
impatiently,  intent  upon  saying  something  ;  but  he  saw 
from  my  face  and  tears  in  my  eyes  that  I  was  as  profoundly 
moved  as  himself.  Our  mutual  sympathy  was  sealed  ; 
his  confidence  in  me  never  after  wavered,  if  for  a  moment 
it  had  done  so  unintentionally.  The  letter  was  from  a 
widow.  The  ship  her  husband  sailed  in  had  foundered 
with  all  hands.  He  had  expected  it,  and  his  wife  tried 
to  dissuade  him  from  going  again  to  sea  in  what  he  called 
"  that  coffin-ship."  "  What  am  I  to  do?  "  he  exclaimed. 
"  If  I  refuse,  there  is  no  other  berth."  He  tried  to  con- 
sole her  by  saying  that  after  all  she  had  weathered  many 
storms,  and  perhaps  she  would  again  return  to  port  safe 
and  sound.  But  he  evidently  thought  not,  for  he  sent  his 
best  clothes,  watch,  and  other  belongings  home  on  the 
night  he  sailed.  It  was  his  farewell.  His  wife  knew  it. 
She,  with  her  two  young  children,  never  saw  him  again. 
The  widow  told  this  pathetically  and  simply  in  her  letter, 
and  prayed  Mr.  Plimsoll  "to  go  on  with  his  holy 
work." 

7.  Difficulties.  Vast  Interests  at  Stake. — (2)  As  regards 
his  "  dogged  pertinacity " — that  was  the  one  quality 
needed  in  such  a  crusade.  He  had  put  his  hand  to  the 
plough,  and  would  not  look  back.  It  needed  pluck, 
endurance,  and  perseverance  to  attack  the  "  shipping 
world "  as  it  then  was.  He  did  not  attack  all  ship- 
owners and  •  all  shipbuilders  ;  he  knew  that  there  were 
many  good  ones,  some  of  whom  were  personal  friends, 
whose  help  was  given,  later  on,  in  the  movement.  It  is, 
however,  well  known  that  when  a  vast  interest  is  attacked, 
there  is  a  tendency  to  unite  in  order  to  defend.  It  was 
so  in  that  instance.  He  had  to  fight  a  host,  in  a  sense, 
all  alone.  The  wealth  of  many  was  pitted  against  the 


"OUR  SEAMEN"  267 

means  of  a  single  man.  Up  to  1873  he  had  no  help, 
except  such  as  the  sympathy  of  workmen  expressed  and 
the  personal  advice  and  help  of  the  present  writer.  Yet 
he  faced  all  the  odds  in  his  work,  "Our  Seamen — An 
Appeal,"  knowing  full  well  the  storm  which  would  beat 
pitilessly  upon  his  devoted  head.  He  had  also  to 
fight  the  Marine  Department  of  the  Board  of  Trade. 
He  regarded  the  then  chief  official  of  that  Department 
as  an  obstructionist,  instead  of  a  helper.  Antagonism 
was  the  result.  From  what  I  knew  subsequently  of  the 
official  in  question,  it  was  not  so  much  a  want  of  will 
as  lack  of  authority.  He  invited  me  to  give  him  infor- 
mation which  he  could  act  upon,  and  I  often  did.  He 
was  afraid  of  PlimsoH's  impetuosity  and  emotionalism. 
It  was  shown  that  the  Board  of  Trade  had  limited 
anthority ;  but  it  had  also  the  usual  timidity  of  a 
Government  department  in  dealing  with  vast  vested 
interests  more  or  less  committed  to  its  care. 

8.  Personal  Attacks. — (3)  Mr.  Plimsoll's  attacks  upon 
individuals  were,  he  thought,  justified    by  the  facts   in 
his  possession.     It  was  not  from  personal  rancour  against 
any  of  these    men — some   his  colleagues,    both   on    the 
Liberal  and  Tory  benches,  in  the  House  of  Commons. 
He   was   actuated   by  high    motives,  even  in   his  worst 
attacks.     It  was  on  public  grounds  that  he  levelled  his 
charges  against  persons.     He  wanted  protection  for  the 
almost   helpless  seamen — men   who    had    then    no   trade 
union  to    battle    for  them,   no  organised    force  to  deal 
with  acts  of  oppression,  of  cruelty,  of  constant  danger, 
even  unto  death.     It  would  be  wrong  in  me  if  I  here 
entered  into  any  of  those  personal  charges  of  nearly  thirty 
years  ago,  either  to  inculpate  or  exulpate.     Accuser  and 
accused,  for  the  most  part,  are  all  gone.     I  am  content  to 
defend    Mr.   Plimsoll's  memory  from  any  low  or    base 
design  to  injure,  in  reputation  or  otherwise,  those  deemed 
by  him  to  be  offenders  in  respect  of  the  charges  made  in 
"  Our  Seamen." 

9.  Mr.   Plimsoll's    Charges. — What  were   the   charges 
made  ?      Generally,   that   ships  were    sent  to  sea  in   an 


268  LABOUR   LEGISLATION 

unseaworthy  condition ;  that  they  were  undermanned, 
overloaded,  badly  loaded,  and  over-insured.  They  are 
thus  enumerated  in  his  book  :  (i)  Undermanning  ; 
(2)  bad  stowage  ;  (3)  deck-loading  ;  (4)  deficient  engine 
power  ;  (5)  over-insurance  ;  (6)  defective  construction  ; 
(7)  improper  lengthening  ;  (8)  overloading  ;  and  (9) 
want  of  repair.  Under  No.  2,  bad  stowage,  came  grain 
cargoes,  the  shifting  nature  of  which  caused  so  many 
disasters.  Every  charge  made  as  above  was  abundantly 
proven  before  the  Royal  Commission  which  was  appointed 
to  inquire  into  Mr.  Plimsoll's  allegations. 

10.  The    Plimsoll    and    Seamen  s    Fund    Committee. — 
After  the  distribution  of  "  Our  Seamen "   at  the  Leeds 
Congress  in  January,   1873,  Mr.   Plimsoll    asked  me  to 
organise    a   workmen's  committee    to    help    him    in   the 
creation  of  a  sufficiently  strong  public  opinion  to  ensure 
the  passing  of  his  Bill,  or  secure  the  appointment  of  a 
Royal  Commission  to  inquire  into  the  subject.     I  con- 
sented.    But  I  suggested  something  broader  than  a  mere 
sectional   committee    of  workers,   as  represented  by  the 
Trades    Congress,    for    the    question    was    of    national 
importance.      My    consent    being    given,    Mr.    Plimsoll 
left    the   rest    to    me.      At   that   time    he  thought  that 
the  whole  expenses  would  have  to  be  borne  by  himself; 
he  did  not  anticipate  any  large  response  to  his  "  Appeal," 
except  in  the  shape  of  sympathy  and  in  the  irresistible 
demand  for  better  conditions  for  poor  Jack. 

1 1 .  Formation  of  the  Committee. — I  consulted  a  number 
of  persons  in  the  ranks  of  labour  and    otherwise  as  to 
the  character  and   extent  of  the  committee,  and   as    to 
its  objects  when  constituted.     Among  others  I  consulted 
Mr.  Thomas  Hughes,  M.P.,  and  he  suggested  a  general 
committee  of  all   sections   of  the  community,  and    that 
Lord     Shaftesbury    should    be    asked    to    become    the 
chairman.     Among  others  I  was  requested  to  see  Lord 
Elcho    (now    Lord    Wemyss),    and    I    had  an  interview 
with  him   at  St.  James's  Place,  when  I  laid  before  him 
a  list  of  names  to  be  asked  to  join  the  Committee.     At 
first  he  objected  to  George  Odger's  name,  on  account  of 


"OUR   SEAMEN"  269 

his  then  recent  declarations  in  favour  of  republicanism. 
But  I  pointed  out  that  the  mere  absence  of  Odger's  name 
would  evoke  inquiries,  and  the  explanations  would  create 
discontent.  Lord  Elcho  agreed,  and  the  list  generally 
was  approved,  with  the  addition  of  several  names  suggested 
by  the  noble  Lord. 

12.  Constitution  of  Committee. — I  called  upon  Lord 
Shaftesbury  to  ask  him  to  join  the  Committee,  and  to 
become  chairman  thereof.  His  lordship  promised  to 
attend  and  to  become  chairman,  if  the  Committee  so 
desired.  The  persons  so  suggested  and  selected  were 
convened,  when  Lord  Shaftesbury  was  elected  chairman, 
Mr.  Thomas  Hughes,  vice-chairman ;  Sir  W.  R.  Farquhar, 
Bart.,  treasurer  ;  and  myself,  secretary.  At  first  it  was 
proposed  to  call  it  the  "  Loss  of  Life  at  Sea  Committee," 
but  Lord  Shaftesbury  suggested  that  it  would  be  simpler 
to  call  it  the  a  Plimsoll  Committee,"  for  its  object  really 
was  to  help  him  in  his  self-imposed  task.  It  was  under- 
stood that  the  Committee  did  not  take  upon  itself  any 
responsibility  for  Mr.  Plimsoll's  words  and  acts,  or  for 
any  costs,  legal  or  otherwise,  of  the  agitation,  except 
to  the  extent  of  the  funds  which  might  be  subscribed 
for  the  objects  set  forth.  The  Committee  agreed  to 
an  appeal  for  funds,  and  to  the  holding  of  a  great 
meeting  in  Exeter  Hall  in  support  of  the  Plimsoll 
movement.  That  meeting  was  held  on  March  22, 
1873.  It  was  overflowing  as  regards  numbers,  unanimous 
and  enthusiastic  in  tone.  u  It  touched  a  chord  of  infinite 
fibre,  which  vibrated  throughout  the  land."  Funds 
poured  in ;  committees  were  formed  in  Manchester 
and  Sheffield  forthwith,  and  in  a  number  of  other 
towns  and  ports  subsequently.  The  movement  spread, 
enthusiasm  was  unbounded  ;  vast  meetings  were  called 
together  to  champion  the  cause  of  the  sailor.  A  wave 
of  popular  feeling  swept  over  the  country  such  as  had 
never  before  been  evoked  in  the  cause  of  any  section 
of  the  working  class.  The  Press,  the  theatre,  the  music- 
hall,  the  pulpit,  the  platform  were  all  enlisted  in  the 
cause  of  "  Our  Seamen." 


270  LABOUR  LEGISLATION 

13.  Work  of  the  Plimsoll  Committee. — The  Committee 
interfered  very  little  in  the  active  work  connected  with 
the  agitation.     It  sanctioned  the  expenditure  and  super- 
vised it,  and  also  discussed  and  generally  sanctioned  the 
policy   to   be   pursued.      As   secretary  I    had   to  consult 
Mr.  Plimsoll    and   report   fully  at  each  meeting   of  the 
Committee   what  had  been   done,  was  doing,  and    what 
was  proposed    to    be  done   before  the   date  of  the  next 
meeting.      One    of    the    first   things    done   was   to    ask 
Mr.   Plimsoll    to  what  extent  he    had  pledged    himself, 
or    stood    pledged    by   implication,    in    the    matter    of 
expenditure.     We  found  that  he  had  practically  become 
liable  for  a  million  copies  of  "  Our  Seamen,"  and  of  a 
vast  edition  of  "  Ship  Ahoy  !  "     After  some  discussion, 
it  being  pointed  out  to  Mr.  Plimsoll  that  the  distribution 
alone  of  such  an  enormous  mass  of  printed  books,  would 
cost  a  very  large  amount,  I  was  instructed  to  negotiate 
with    Messrs   Virtue    &    Co.    and    with    the    author   of 
"  Ship  Ahoy  !  "  and   report  to   the   Committee.      They 
met   me  very  fairly,  after  some  show  of  resistance    on 
the  ground  of  contract,  express  or  implied,  and  arrange- 
ments were  made  to  reduce  the  amount  very  considerably 
in  both  cases.     A  cheap  edition  of  "  Our  Seamen  "  was 
one   result   of  the  negotiation.     As   it  was  the   cost  of 
distribution    was    very    large,     being    mostly    by    single 
copies,  or  in    small  parcels   to  societies   or    other   com- 
mittees.    Sales  did  not  pass  through  the  hands  of  the 
Committee,  but    through    the  respective    publishers,   the 
amounts  realised  thereby  being  applied  in  part  payment 
of  the  bill  due  and  delivered  in  that  connection. 

14.  Public   Meetings. — From  the  date  of  the  Exeter 
Hall  meeting  on  March  22,    1873,  there  was  a  perfect 
downpour  of  invitations  to  public  meetings  from  all  parts 
of  the   country — from  every  port   and  great    centre    of 
industry  especially.     Mr.  Plimsoll  was  of  course  wanted 
everywhere,  and  he  went  as  often  as  he  could,  at  great 
expense  sometimes  ;  but  he  could  not  go  everywhere.     He 
had  his  Parliamentary  work  to  attend  to,  he  had  his  business 
to  supervise,  and  at  times  his  health  was  scarcely  equal  to 


"OUR   SEAMEN"  271 

the  strain.  The  secretary  to  the  Committee  had  to 
answer  the  call  and  be  present  to  address  meetings  in  all 
parts  of  Great  Britain.  He  had  therefore  to  arrange 
meetings  in  groups,  several  in  some  large,  widely  extended 
district.  One  such  was  in  Scotland — Glasgow,  Dum- 
barton, Greenock,  &c.,  being  taken  in  one  week.  Mr. 
Lloyd  Jones  was  my  companion  and  helper  in  that  town. 
We  also  took  Sunderland,  Stockton,  Newcastle-on-Tyne, 
Shields,  and  the  Hartlepools  as  another  group.  Hull, 
York,  Whitby,  Scarborough,  and  other  places  formed 
another  group.  Meetings  were  held  in  Liverpool, 
Manchester,  Birmingham,  Leeds,  Sheffield,  Bristol, 
Plymouth,  and  Cardiff,  and  other  towns  in  Wales  ;  in 
towns  on  the  South  and  East  coasts,  and  in  numerous 
other  places.  In  some  instances  there  was  a  little 
opposition,  but  mainly  of  the  negative  kind.  In  no 
case  were  we  met  by  any  opposing  resolution.  The  fact 
is  that  enthusiasm  permeated  "  all  sorts  and  conditions  of 
men,"  and  open  hostility  would  have  been  interpreted 
to  mean  a  condonation  of  the  evil  practices  exposed 
in  "  Our  Seamen,"  so  that  shipowners  and  shipbuilders 
remained  quiescent.  Silence  was  golden. 

15.  Incidents  in  Scotland. — Public  meetings  are  so 
similar  in  nature  and  character  that  no  special  description 
is  required.  They  are  characterised  by  unanimity  and 
enthusiasm,  by  open  hostility  or  strong  dissent,  or  by 
mixed  feelings  neither  deep  nor  strong.  Those  held  on 
behalf  of  u  Our  Seamen  "  were  of  the  first  order,  so  far  as 
I  remember  without  exception.  Two  or  three  incidents 
may  be  recorded  as  of  interest  in  connection  with  this 
movement.  ( i )  Mr.  Plimsoll  had  to  attend  two  meetings 
in  Scotland  on  the  same  day  (Monday) — one  at  Edinburgh 
in  the  afternoon,  the  other  at  Leith  in  the  evening. 
Late  on  Saturday  night  Mr.  Plimsoll  sent  me  a  telegram 
asking  whether  it  was  imperative  for  him  to  attend. 
I  wired  back,  "  Yes  ;  most  important."  I  got  a  wire  on 
Sunday  morning  to  meet  him  at  the  station.  I  did  so, 
when  he  told  me  that  he  had  been  warned  that  a  writ  for 
libel,  if  that  be  a  correct  term  for  Scotland,  would,  if 


272  LABOUR   LEGISLATION 

possible,  be  served  upon  him.  So  we  took  measures  to 
ensure  privacy  until  the  Leith  meeting  was  over.  He  so 
timed  himself  that  he  entered  the  afternoon  meeting  just 
as  the  chairman  was  concluding  his  speech.  He  was 
received  with  great  cheering,  and,  after  an  impassioned 
address,  left  the  hall  amid  an  outburst  of  enthusiasm  and 
returned  unmolested  to  his  hotel.  For  the  Leith  meeting 
I  had  arranged  a  guard  of  honour  ;  only  the  convener  of 
the  meeting  and  I  knew  for  what  purpose.  Here  again 
he  left  at  the  close  of  his  speech,  and  made  for  the  station 
to  catch  the  night  train.  His  reception  at  both  meetings 
was  magnificent  in  unanimity,  intensity  of  appreciation, 
and  unbounded  enthusiasm. 

1 6.  (2)  The  Whitby  Meeting. — Mr.  Lloyd  Jones  and 
I  had  splendid  receptions  at  the  meetings  held  in  the  chief 
ports  on  the  North-East  coast,  but  two  incidents  in  that 
tour  may  be  related.  At  Whitby  I  was  tolerably  well 
known  in  connection  with  the  Reform  League  movement, 
labour  questions,  and  especially  the  election  of  Mr. 
William  H.  Gladstone  in  1869,  when  I  had  a  reception 
far  exceeding  in  enthusiasm  that  accorded  to  the  candidate 
himself.  I  therefore  felt  confident  of  willing  help  being 
given  in  Whitby.  When  I  arrived,  however,  I  was 
disappointed.  The  agent  from  Hull  who  organised  the 
meeting  told  us  that  he  could  not  get  a  chairman  or 
speakers.  "  But,"  he  said,  "  you  will  have  a  crowded 
audience  in  the  Drill  Hall."  I  visited  some  of  my  old 
friends,  but  could  get  no  chairman  or  speakers.  "  Well, 
you  see,"  said  one  upon  whom  I  had  confidently  relied, 
"  Mr.  Plimsoll  has  been  rather  hard  upon  Whitby  and 
Robin  Hood  Bay,  which  is  near,  and  a  large  number  of 
our  people  here  have  shares  in  vessels  of  one  sort  or 
another — only  small  in  some  instances,  but  an  interest." 
The  hall  was  crowded  ;  we  were  received  with  cheers. 
I  asked  the  audience  to  appoint  a  chairman,  or  for  a 
volunteer.  No  one  moved.  I  then  asked  the  hall  agent 
to  preside,  and  at  once  addressed  the  meeting,  concluding 
with  a  resolution.  An  outburst  of  enthusiastic  cheers  was 
my  reward.  Lloyd  Jones  followed  in  an  eloquent  and 


"OUR   SEAMEN"  273 

impassioned  appeal,  and  was  again  and  again  cheered. 
The  resolution  was  unanimously  carried.  I  then  asked 
some  one  to  move  a  vote  of  thanks  to  the  chairman. 
Twenty  or  thirty  at  once  responded,  with  loud  shouts,  "  To 
the  speakers  too !  "  which  were  heartily  given.  Thus 
ended  a  memorable  meeting  which  I  had  feared  might 
have  been  a  failure. 

17.  The  Hartlepool  Meeting. — (3)  Our  difficulties  at 
Hartlepool  were  greater.  A  meeting  had  been  called  for 
Monday  evening.  As  we  arrived  at  the  station,  between 
8  and  9  a.m.,  a  gentleman  came  to  the  carriage  doors 
calling  out  my  name.  When  I  answered  to  it  he  said, 
"  Keep  behind  for  a  moment ;  I  have  something  important 
to  tell  you."  It  was  important  and  discouraging.  The 
meeting,  he  told  me,  was  abandoned.  The  member, 
father  of  the  gentleman  who  was  to  have  been  chairman, 
had  spoken  against  Mr.  Plimsoll's  action  on  the  previous 
Saturday.  The  local  agent  was  timid,  and  it  ended 
with  the  abandonment  of  the  projected  meeting.  I  was 
at  once  astonished  and  indignant.  The  hall,  we  were 
told,  was  closed  against  us.  I  asked  if  there  was  a 
theatre?  "Yes,"  was  the  reply ;  "  but  it  is  open  to-night." 
I  got  to  know  the  name  and  address  of  the  lessee,  went  to 
him,  asked  him  to  give  it  to  us  for  the  night  at  a  reason- 
able price,  telling  him  the  object.  I  prevailed.  We 
agreed  as  to  price.  I  asked  him  to  collect  his  band  to 
parade  the  town,  also  for  an  introduction  to  his  printer. 
Bills  were  put  in  hand,  and  by  12.30  some  bills  were 
already  out,  wet  from  the  machine  ;  the  band  was  out 
also,  playing  in  the  streets  ;  the  town  crier  also  was  out 
announcing  the  meeting.  At  about  12.50  the  gentleman 
who  was  to  have  presided  called  at  our  hotel  and  intro- 
duced himself.  Explanations  followed  ;  he  asked  if  we 
would  still  like  him  to  preside.  I  said,  "Yes."  He 
consulted  his  father,  and  agreed.  The  meeting  was 
held,  the  theatre  was  thronged,  the  enthusiasm  was 
unbounded  ;  the  local  member  of  Parliament  was  present 
on  the  stage.  At  the  conclusion  of  my  speech  he  rose 
to  his  feet,  grasped  both  my  hands,  and  thanked  me  amid 


274  LABOUR   LEGISLATION 

vociferous  cheers.  Lloyd  Jones  was  in  his  best  form,  and 
so  ended  in  peace  and  harmony  what  a  few  hours  before 
had  threatened  to  be  a  disaster. 

1 8.  Manchester    Meeting    and    Others. — (4)    A   great 
meeting  was  convened  in  Manchester  to  be  held  in  the 
Free   Trade   Hall.     I  waited   upon  the   Bishop  (Fraser) 
and  asked  him  to  preside.     He  hesitated,  on  the  ground 
that  he  knew  nothing   about   the  subject.     I   explained. 
He  agreed  as  to  the  objects,  but  still  hesitated.     I  said, 
"  My  Lord  Bishop,  if  you  will  consent  I  will  give  you  a 
brief  which  can  be  relied  upon  for  a  speech  from  a  quarter 
of  an  hour  to  an  hour,  as  your  lordship  pleases."      He 
consented,   the  meeting  was  announced  ;    I  gave   him  a 
brief  in  the  form  of  heads  of  a  discourse.     He  presided, 
spoke  for  over  forty  minutes  to  a  crowded  audience,  and 
was  loudly  cheered  for  his  splendid   speech.     I  followed, 
then     other     speakers,     the     resolutions     being     carried 
unanimously,  and  with  great  enthusiasm.     (5)  A  meeting 
was    convened     in    the    Birmingham    Town     Hall     for 
Wednesday   evening  ;    Mr.    Plimsoll     had    promised    to 
attend.     He  was  kept  in  the  House  later  than  expected. 
He   wired  to   me  :   "  Keep  meeting  going  ;  have  hired  a 
special  ;  shall  be  with  you  about  nine."     I  read  the  tele- 
gram   to    the    meeting  ;     spoke    until    nearly    exhausted. 
Then  shouts  arose  :   "  He's   coming  !  "      A  few  minutes 
after  nine  he  appeared  on  the  platform  ;  amid  the  wildest 
enthusiasm    he    was    welcomed,    and    spoke.     (6)    At    a 
meeting   at   the  St.   Pancras    Vestry   Hall    Mr.   Plimsoll 
practically  foretold  a  terrible  disaster,  which  might  have 
involved   another  action  for  libel.     But  the  disaster  did 
occur  soon  after  the  speech,  causing  sadness  and  mourning 
in  many  households — the  owners,  however,  were  not  to 
blame. 

19.  Proceedings    in     Committee. — The    Committee,    as 
before  stated,  interfered  with  Mr.  Plimsoll  as  little  as  pos- 
sible, or  with  what  may  be  termed  the  outside  agitation — 
meetings  and  the  like.     It  prepared  the  draft  petition,  hun- 
dreds of  which  were  sent  to  Parliament,  some  with  a  large 
roll  of  signatures,  some  signed  by  the  chairmen  of  the 


"OUR   SEAMEN"  275 

several  meetings  by  which  endorsed.  The  Committee  were 
most  anxious  about  the  libel  cases,  and  did  much  privately 
to  avert  the  several  actions  coming  to  an  issue.  It  also 
tried  its  best  to  avoid  further  complications  in  this 
respect.  The  chairman — good  and  discreet,  and  withal 
brave  Lord  Shaftesbury — and  all  the  members  of  the 
Committee  were  much  upset  and  very  anxious  over  Mr. 
Plimsoll's  speech  at  the  St.  Pancras  Vestry  Hall,  and  a 
special  meeting  was  convened  to  consider  the  situation. 
The  firm  of  shipowners  was  represented  by  one  who  was 
a  member  of  the  Committee.  Mr.  Plimsoll  was  asked  to 
withdraw  the  reference,  and  mildly  to  apologise  for  what 
was  regarded  as  a  mistake,  founded  upon  unreliable 
or  inaccurate  information.  The  position  was  a  grave  one. 
To  refuse  what  was  asked  was  to  fly,  as  it  were,  in  the 
face  of  his  best  friends.  Mr.  Plimsoll  consulted  me. 
I  advised  that  it  should  be  left  to  Lord  Shaftesbury,  Mr. 
Thomas  Hughes,  M.P.,  and  the  member  of  the  firm  to 
agree  as  to  an  explanation  of  his  reference.  But  Mr. 
Plimsoll  turned  round  sharply  and  asked  if  the  infor- 
mation was  reliable  and  the  facts  as  he  stated.  I  was 
bound  to  say  yes,  yet  urged  that  possibly  "  unseaworthy  " 
was  too  strong  a  term.  Mr.  Plimsoll  was  firm,  and  the 
meeting  ended.  The  loss  of  the  vessel  was  reported 
shortly  afterwards,  and  no  more  was  heard  of  the 
threatened  action. 

20.  Caution  and  Prudence  Advised. — The  incident 
related  was  the  gravest  that  ever  came  before  the 
Committee,  and  might  have  caused  its  collapse.  Its 
redeeming  feature  was  the  good  faith  of  all  concerned. 
It  showed  Mr.  Plimsoll's  honesty  and  fearlessness  under 
stress  and  strain  ;  it  also  indicated  want  of  prudence  in 
the  handling  of  such  a  delicate  subject  on  the  impulse  of 
the  moment,  while  it  was  fresh  in  his  mind,  impressed  as 
he  was  with  the  fearful  danger  which  loomed  before  him 
as  he  contemplated  the  possible  wreck  of  the  vessel.  It 
led  to  more  caution  on  the  platform,  if  not  in  Parliament. 
The  Committee  felt  no  responsibility  as  to  action  or 
speeches  in  the  House  of  Commons,  but  as  regards 


276  LABOUR   LEGISLATION 

speeches  and  action  outside  the  members  were  anxious 
to  avoid  giving  offence  as  far  as  individuals  were  con- 
cerned. 

21.  Work    in    Parliament. — (i)  Royal    Commission. — 
The    first    efforts   of  the    Committee   were   directed    to 
supporting    Mr.  Plimsoll's    demand   for   a   Royal   Com- 
mission  to  inquire    into    the    allegations    made  by  him. 
There  was  some  opposition  at  the  outset  to  the  appoint- 
ment   of    such    a    Commission,    but    Mr.    Gladstone's 
Government    consented,    though    the    reference    did    not 
cover  the  whole  ground  which  such  an  inquiry  demanded. 
There  were  no  sub-commissioners  appointed  to  be  sent  to 
the  various  ports  to  obtain  evidence  on  the  spot.     The 
constitution  of  the  Commission  was  not  satisfactory,  for 
it  was  "  chiefly  restricted  to  officials  of  the  Board  of  Trade, 
and  a  few  shipowners  and  shipbuilders."     Seamen  had  no 
place  on   it,  nor  were  they  represented.     u  Mr.  Plimsoll 
was  examined,  but  evidence  which  he  had  prepared  with 
great  cost  was  not  received  ;  moreover,  the  inquiry  was 
conducted  with  closed  doors." 

22.  Inquiry  and  Reports. — The  inquiry  began  early  in 
1873,  the  Final   Report  being  issued   in  August,  1874. 
An    Interim    Report    was   issued    meanwhile,    a    careful 
synopsis  of  which   I   prepared  for  the   Committee,   and 
was  by  its  authority  published.     With  the  Final  Report 
was  published  the  voluminous  evidence  obtained  by  the 
inquiry.     That  evidence  showed  that  the  general  allega- 
tions made  by  Mr.  Plimsoll  were  true  in  substance  and  in 
fact.     The  Final  Report  of  the  Commission  more  than 
justified  the  charges    made    by  him  with  regard  to  the 
necessity  for  legislation,  and,   virtually,  fully   supported 
the  precise  measures  advocated  by  Mr.  Plimsoll,  although 
they  were  so  dispersed  in  the  Report  that  it  required  care 
to  bring    the    several    points    into  cohesion.     This   was, 
however,  done  in  the  examination  of  the  Reports  published 
by  the  Committee,  and  also  in  their  own  Report  subse- 
quently published. 

23.  Committee's   Reports. — In    the   preparation    of  the 
Committee's    Reports,   I    had   the    assistance    of  Captain 


"OUR   SEAMEN 


277 


Symonds,  who  also  prepared  a  complete  index  to  the 
Evidence  and  Reports.  Every  report  and  paper  issued 
by  the  Committee's  authority  was  submitted  to  the 
members  in  proof,  and  were  examined  and  corrected 
before  publication,  and  by  them  authorised  to  be  issued. 
The  Commission  was,  by  its  constitution,  somewhat 
adverse  to  the  cause  of  "  Our  Seamen."  But  it  did  its 
work  conscientiously,  fairly,  and  thoroughly,  within  the 
rather  limited  terms  of  reference.  The  Committee  com- 
plained of  its  constitution  at  the  time,  but  the  Report, 
after  careful  examination,  gave  little  cause  for  condemna- 
tion or  criticism,  except  that  the  conclusions  were 
weakened  by  being  detached  and  dispersed  in  the  Final 
Report. 

24.  Bills  and  Measures  in  Parliament. — Mr.  Plimsoll 
early  in    1873   introduced  a   Merchant   Shipping  Survey 
Bill.     It  was  talked  out  without  his  being  able  to  go  to 
a  division.     The  Committee  carefully  considered  that  Bill, 
and  suggested   some  modification  in   its  details.     I   was 
instructed  to  request  Mr.  R.  S.  Wright  (now  Mr.  Justice 
Wright)  to  redraft  the  Bill.     He  consented,  and  did  so, 
refusing  fee  or  reward.     This  new  Bill  was  introduced  in 
1874  ;   it  was  lost   only  by  a  majority  of  three  on  the 
division — that  the  Bill  be  read  a  second  time — Ayes  1 70, 
Noes  173.     The  Committee,  in  their  report  thereon,  say  : 
"  Had  the  Final  Report  of  the  Commission  been  issued,  we 
have  every  reason  to  believe  that  the  Bill  would  have  been 
read  a  second  time." 

25.  Unseaworthy    Vessels    ^Detained. — "Although    Mr. 
Plimsoll's  Bill  was  defeated  in   1873  the  Government,  as 
a  result  of  the  agitation,  brought  in  a  temporary  Bill, 
which  was   carried."     It   "gave  power  to  the  Board   of 
Trade  to  detain  vessels  which  they  had  evidence  to  show 
were  unseaworthy,  whether  from  unseaworthiness  or  from 
overloading."     Under  that  Act  440  vessels  were  detained 
as  unseaworthy  within  about  a  year,    "  only  sixteen   of 
which    were    found    to    be    sufficiently   seaworthy  to    be 
allowed  to  go  to  sea  ;  so  that  under  the  Act  of  1873, 
whatever  its  deficiencies,  no  less  than   424  vessels  have 


278  LABOUR   LEGISLATION 

been  found  to  be  unseaworthy."  I  The  Committee  there- 
upon said  :  "  These  facts  fully  establish  the  necessity  for 
a  compulsory  survey  of  all  unclassed  vessels,  because  the 
Board  of  Trade  could  only  act  on  information  given  ;  in 
some  cases  Mr.  Plimsoll  had  to  become  responsible  for 
costs  if  the  information  given  was  incorrect." 

26. — Mr.  Plimsoirs  Responsibility. — Mr.  Plimsoll  had 
made  himself  responsible  to  a  ruinous  extent  in  the 
detentions  of  vessels  under  the  Act.  But  so  carefully  had 
he  collected  and  sifted  his  facts,  and  so  clear  was  his  judg- 
ment, that  in  no  case  was  he  called  upon  to  pay  costs, 
not  even  in  the  cases  of  the  sixteen  vessels  out  of  440 
which  were  allowed  to  go  to  sea.  Mr.  Plimsoll  was  greatly 
aided  in  his  work  by  the  loan  early  in  1873  of  some  Draft 
of  Water  Records  of  the  Board  of  Trade.  He  had  found 
that,  at  certain  ports,  a  daily  record  of  vessels  sailing 
and  the  depth  of  immersion  was  registered  and  sent  to 
the  Board  of  Trade.  The  statements  were  sent  to 
Lloyd's  underwriters  and  were  available  to  these  alone. 
It  was  right  that  they  should  have  them  for  insurance 
purposes.  Mr.  Plimsoll  thought  "  that  these  records 
should  be  utilised  for  the  safety  of  our  sailors."  He 
published  a  series  of  them  in  facsimile,  and  also  a  series 
of  letters  pointing  out  that,  from  their  own  records,  many 
of  the  vessels  which  sailed  on  the  preceding  day  or  days 
were  overladen,  as  shown  by  the  depth  of  immersion. 
As  the  records  only  appeared  after  the  vessel  or  vessels 
had  sailed  they  were  not  of  use  for  detaining  those  over- 
laden. The  Board  of  Trade  published  some  of  Mr. 
PlimsoH's  letters,  which  contained  valuable  information 
as  to  overloading,  but  they  also  exposed  the  writer  to 
some  danger  because  of  the  information  contained  therein. 

27.  General  Election,  1874,  and  After. — The  cause  of 
"  Our  Seamen  "  was  kept  well  to  the  front  throughout 
the  country  during  the  General  Election  of  1874,  both 
by  the  Plimsoll  Committee  and  by  the  Parliamentary 
Committee  of  the  Trades  Congress,  and  numerous 

1  Extracts  from  the  Report  of  the  Plimsoll  and  Seamen's  Fund 
Committee,  1873-4,  issued  by  that  Committee. 


"OUR   SEAMEN"  279 

candidates  pledged  themselves  to  support  Mr.  Plimsoll's 
Merchant  Shipping  Survey  Bill,  or  some  similar  measure 
having  the  same  objects.  The  election  resulted  in  the 
return  of  a  considerable  Conservative  majority.  A  change 
of  Government  followed  ;  Mr.  Gladstone  was  replaced  by 
Mr.  Disraeli.  Mr.  Plimsoll  reintroduced  his  Bill,  which, 
as  before  stated,  had  been  refused  a  second  reading  only 
by  a  majority  of  three.  The  new  Government  introduced 
a  Bill  early  in  1875,  as  they  could  not,  or  would  not, 
support  that  of  the  hon.  member  for  Derby.  The  second 
reading  was  fixed  for  April  8,  1875,  and  the  Plimsoll 
Committee  held  a  great  meeting  in  its  support  in  Exeter 
Hall  on  April  6th.  On  the  8th  the  Government  Bill 
was  read  a  second  time.  I  may  here  say  that  there  were 
many  Conservatives  on  the  Plimsoll  Committee  as  well  as 
Liberals.  The  Hamiltons,  for  example,  were  represented 
by  Lord  George,  Lord  John,  and  Lord  Claude.  Many 
families  were  similarly  represented  by  two  or  three 
members,  all  more  or  less  influential  in  the  political  world. 
Humanity  and  political  interests  were  in  accord  to  make 
the  Committee  hopeful  of  an  early  success  in  the  legislative 
Session  of  1875. 

28.  Scene  in    the    House. — The  hopes  raised   and  the 
expectations  cherished   were  doomed  to   disappointment. 
On  July  22,  1875,  Mr.  Disraeli  announced  in  the  House 
of  Commons  that  the  Government  intended  to  abandon 
the    Merchant  Shipping    Bill,    whereupon    Mr.   Plimsoll 
appealed  most  pathetically  and  excitedly  to  the  Premier 
"  not  to  consign  some  thousands  of  human  living  beings 
to  a  miserable  death,"  declaring  loudly  that  "  he  would 
unmask  the   villains    who  would    send    those    sailors    to 
death."       Mr.    Disraeli    thereupon    moved    that    "  Mr. 
Speaker  do  reprimand  the  member  for  Derby."     By  the 
intervention  of  friends  the  motion  stood  adjourned  for  a 
week.     The  "  scene  "  subsequently  ended  by  the  accept- 
ance by  the    House    of  a    mild    apology  drawn   up   by 
Mr.  Plimsoll's  friends  and  agreed  to  by  him. 

29.  Another  Scene — Ladies'  Gallery.  —Another  painful 
scene  in  the   House  was   the   throwing   into  the  House 


280  LABOUR   LEGISLATION 

from  the  Ladies'  Gallery,  by  Mrs.  Plimsoll,  a  very 
strongly  worded  protest  against  the  delays  in  legislation 
for  the  protection  of  the  lives  of  "  Our  Seamen." 
"  Theatrical,"  some  cried.  Yes,  perhaps.  But  there 
are  times  when  men  can  only  be  surprised  into  action — 
awakened  by  a  shock.  The  House  of  Commons  required 
such  a  shock  at  that  time.  It  had  it.  The  country  was 
full  of  the  subject.  Legislation  became  imperative. 

30.  Legislation  in  1876. — Early  in  the  Session  of  1876 
the  Government   reintroduced   their  Merchant  Shipping 
Bill.     It  was  read  a  second  time  on  February  I7th  with- 
out a  division.     On   May  8th  the  Bill  passed   through 
Committee  in  the  House  of  Commons.     It  was  read  a 
third  time  and  sent  to  the   House  of  Lords,  where   it 
passed  through  its  several  stages  and  became  law  by  the 
Queen's  assent.     Of  course  some  efforts  were  made  to 
"  improve  the  Bill  "   by  emasculating  it,  but  it  did  not 
suffer  severely.     It  was  not  all  that  was  desired  ;  still  it 
was  a  great  step.     Mr.  Plimsoll  had  won  a  signal  victory. 

31.  Expenditure  by  the  Committee. — The  total  expendi- 
ture by  "  The  Plimsoll  and  Seamen's  Fund  Committee  " 
was  £14,182  135.  5d.     The  heaviest  items  were  :  Print- 
ing account,  £5,524  os.  3d.  ;  law  charges,  £4,560  73.  ; 
public  meetings,  £985  los.  lod.  ;  Board  of  Trade  agents, 
cost  of  inquiries,  surveying,  &c.,  £231    73.   8d.  ;  outlay 
incurred  by  Mr.  Plimsoll  (law  charges,  engravings,  &c., 
for  books,  postages,  &c.),  £359  93.  2d.  ;  advertisements, 
£322  135.  9d.  ;  amount  transferred  to  and  spent  by  the 
Ladies'    Committee,   £650  ;   stationery,   transit,  postage, 
parcels,  telegrams,  and  general  petty  cash,  £876  73.  3d.  ; 
rent  of  office,  fuel,  light,  &c.,  and  salaries,  assistants,  and 
general  clerical  work,  £655    173.    id.     There  were  out- 
standing accounts  of   £192    us.   at    date  of  audit,  for 
which  Mr.  Plimsoll  was  responsible.     Most  of  this  was 
paid    subsequently   from    subscriptions   received   towards 
the  deficit. 

32.  The  -Libel  Actions. — The  actions  for  libel   issued 
against    Mr.    Plimsoll   and   others    that  were   threatened 
caused    grave    anxiety    to    the    Committee    and    to    Mr. 


"OUR  SEAMEN"  281 

Plimsoll's  other  friends  in  and  out  of  Parliament. 
Every  effort  was  made  to  avert  the  final  issue  of  such 
in  courts  of  law.  Cases  of  criminal  libel  might  have 
involved  imprisonment  if  the  allegations  could  not  be 
legally  substantiated.  Civil  actions  for  damages  might 
have  crippled  his  resources,  if  not  caused  actual  financial 
disaster.  Therefore  earnest  efforts  were  made  in  Parlia- 
ment by  mutual  friends  and  outside  of  it  by  the  Com- 
mittee and  others  to  avert  trials  in  the  courts.  In  one 
case,  perhaps  the  gravest,  Mr.  Robert  Applegarth  was 
requested  by  some  members  of  Parliament  to  interest 
himself  in  the  matter  and  try  to  pave  the  way  for  a 
withdrawal  of  the  action.  He  visited  the  port  associated 
with  the  allegations  and  the  consequent  action,  and  he  at 
least  paved  the  way  for  an  abandonment  of  that  serious 
action.  By  means  of  those  friendly  interventions  none 
of  the  actions  were  fought  out  in  the  courts  of  law,  nor 
was  Mr.  Plimsoll  called  upon  to  pay  any  of  the  costs  on 
the  other  side.  As  it  was,  the  costs  were  very  consider- 
able, even  as  reduced  by  negotiations  between  the  different 
firms  of  solicitors  and  the  secretary  of  the  Plimsoll  Com- 
mittee. The  full  costs  before  such  reductions  amounted 
to  a  much  larger  sum.  The  combined  influence  of  Lord 
Shaftesbury,  Mr.  Thomas  Hughes,  M.P.,  Mr.  A.  J. 
Mundella,  M.P.,  and  others  was  of  the  greatest  value 
in  all  those  peaceful  negotiations. 

33.  Contributions  to  the  Fund. — The  fund  was  started 
by  a  contribution  of  ^1,550  by  Mr.,  Mrs.,  and  Nellie 
Plimsoll.  Trade  unions  contributed  ^6,567  195.  8d.  ; 
underwriters  at  Lloyd's,  £1,066  i6s.  ;  the  Amal- 
gamated Society  of  Engineers,  the  Amalgamated  Society 
of  Miners,  and  South  Yorkshire  Miners  voted  ,£1,000 
each  ;  West  Yorkshire  Miners  and  Durham  Miners 
^500  each  ;  Cleveland  Miners  ^300  ;  Northumberland 
Miners  £250  ;  Ironmoulders  ^466  ;  other  miners' 
associations  and  trade  unions  made  up  the  difference. 
Liverpool  collected  £370,  Birmingham  £341,  Sheffield 
£287  i os.  2d.  Three  persons  contributed  ^105  each 
and  eight  £100  each.  The  balance  was  made  up  of 


282  LABOUR   LEGISLATION 

sums  under  j£ioo.     The  bank  allowed  an  overdraft  to 
meet  unpaid  accounts,  which  was  repaid. 

34.  Some    Items    of    Expenditure.  —  The    expenditure 
covered    not    only   the  whole    period    during  which    the 
Committee  existed,  but    also    a  good    deal   of  the    pre- 
liminary cost,  as,  with  Mr.  Plimsoll's  donation  of  ^1,550 
and  other  personal  costs  out  of  pocket,  the  Committee 
considered  that  Mr.  Plimsoll  personally  should,  if  possible, 
be  relieved  of  further  financial  responsibility.     The  con- 
siderable   reductions    in    law   charges    by  the    secretary's 
interviews  with   the  various   firms  of  solicitors  engaged 
were    made  without   resort    to   taxation.      The    reduced 
amounts  were  reported  to  the  Committee,  and  by  them 
thought  to  be  reasonable.     Of  the  ^650  transferred  to 
the   Ladies'    Committee    and    by   them    expended    £s°° 
came    through    that    Committee    in    the    course    of    its 
existence. 

35.  Further  Work  on  Behalf  of  "Our  Seamen"— With 
the  dissolution  of  the  Committee  the  work  did  not  cease. 
Mr.  Plimsoll  kept  up  the  agitation  until  further  legisla- 
tion and  the  action  by  the  Board  of  Trade  had  practically 
realised  his  desires.     In  that  work  I  voluntarily  assisted 
him   for   many  years.     When  I  was  elected  member  of 
Parliament  in   1885   Mr.   Plimsoll  requested  my  help  to 
complete  his  work.     I   readily  consented,  and  was  able 
to  carry  three  Bills — providing  for  an  effective  loadline, 
inspection  of  ship's  provisions,  and  other  matters.     The 
final   consolidation   of  the    Merchant    Shipping   Acts    in 
1894    embodied    all    previous    legislation    respecting    the 
safety    and    comfort    of    "  Our    Seamen."      Though    I 
encountered   some   opposition    in   respect   of  these   three 
measures,  and  was  compelled  night  after  night  to  remain 
in  the  House  till  after  midnight  in  order  to  secure  their 
passing,  I  was  at  all  times  courteously  treated  by  those 
who  opposed   the   Bills.     Sir   Michael   Hicks-Beach  was 
friendly  and  encouraging  ;  shipowners  met  me  courteously 
and   discussed    differences  ;    the   House  was   sympathetic 
and  kindly.     The  Acts  as  statutes  are  repealed,  but  their 
provisions  remain.     At  the  Committee  on  Consolidation 


"OUR   SEAMEN"  283 

Sir  Edward  Hill  represented  the  shipping  interests  ;  I 
was  regarded  as  representing  the  seamen,  but  the  Com- 
mittee permitted  Mr.  J.  H.  Wilson  and  a  shipping  expert 
to  be  present  to  ensure  that  justice  be  done  to  all  parties. 
36.  Loss  of  Life  at  Sea — Official  Returns. — There  were, 
of  course,  differences  of  opinion  as  to  the  enormous 
sacrifice  of  life  at  sea  and  as  to  the  urgent  necessity  for 
legislation.  Some  of  Mr.  PlimsoH's  friends  and  sup- 
porters thought  that  he  exaggerated  the  fearful  evil.  I 
therefore  give  a  brief  summary  of  three  Official  Returns, 
which,  however,  do  not  reveal  the  whole  truth,  but  the 
figures  are  significant.  (a)  Mr.  Norwood's  Return 
(No.  143,  issued  in  1883),  years  1867  to  1882  inclusive  : 
By  collisions  :  crews  lost,  1,659  ;  passengers,  519  :  total, 
2,178.  Other  casualties  :  crews  lost,  31,768  ;  passengers, 
5,468  :  total,  37,236.  Aggregate  :  crews,  33,427  ; 
passengers,  5,987  :  total,  39,414.  (£)  Mr.  W.  H. 
Smith's  Return  (No.  73,  issued  in  1884)  :  ships  foundered 
and  missing,  1874  to  1883  inclusive  :  steamers,  251  ; 
sailing  ships,  1,657  :  total  lives  lost,  12,494.  (c)  Mr. 
Chamberlain's  Return  (No.  C — 3909,  issued  in  1884), 
Wreck  Commissioners,  1877  to  1883  inclusive  (official 
inquiries,  402)  :  ships  stranded,  163  ;  collisions,  67  ; 
foundered  and  missing,  127  ;  other  casualties,  45  ;  lives 
lost,  2,313  ;  masters  and  officers,  307  ;  owners  or  agents, 
94  ;  accidental  losses,  36  ;  cause  not  known,  40.  Mr. 
Norwood's  Return  (marked  (a)  above)  tells  a  sad  tale,  even 
without  the  others — nearly  40,000  lives  lost  in  sixteen 
years  !  The  loss  of  property  was  also  enormous,  but 
the  larger  proportion  of  this  was  covered  by  insurance, 
the  underwriters  at  Lloyd's  paying  a  large  share.  The 
fact  that  they  subscribed  £1,066  i6s.  to  the  Plimsoll 
Fund  indicated  their  feeling  as  to  the  need  of  legislation. 


CHAPTER   XXVIII 


FURTHER  ACTION  TO  REPEAL  LAWS  ADVERSE  TO 
LABOUR 


I  ^HE  three  last  chapters  have  interrupted  the  con- 
JL  tinuous  record  of  the  persistent  efforts  to  repeal 
the  Criminal  Law  Amendment  Act  and  other  Acts 
adverse  to  labour.  But  the  movements  therein  recorded 
form  part  of  the  general  labour  movement,  and  have  an 
important  bearing  upon  the  subject-matter  in  hand. 
(i)  The  gas-stokers'  trial,  conviction,  and  sentence  gave 
an  impetus  to  the  agitation  for  repeal,  and  helped  to 
extend  that  demand  to  the  Master  and  Servant  Acts,  as 
invoked  in  the  gas-stokers'  case.  (2)  The  agricultural 
labourers'  movement  brought  to  our  assistance  a  large 
body  of  men  hitherto  unorganised,  all  of  whom  were 
deeply  concerned  in  the  objects  of  the  movement,  espe- 
cially as  regards  the  law  of  contract  as  applied  to  hired 
service.  (3)  The  Plimsoll  movement  was  also  important 
from  that  point  of  view,  though  its  application  was  not 
quite  the  same  as  in  other  cases.  It  gave,  however, 
greater  breadth  of  view  to  those  engaged  in  labour 
struggles,  and  had  the  effect  of  knitting  together 
elements  hitherto  scattered.  Workers  on  sea  and  land 
had  become  united  in  their  efforts  for  juster  laws,  more 
equitable  administration,  and  safer  conditions  of  employ- 
ment for  all  who  labour  that  they  may  live. 

i.  An  Extended  Programme.  —  The  gas-stokers'  prose- 
cution, trial,  conviction,  and  sentence  had  given  the 
deathblow  to  any  compromise  in  the  matter  of  the 


LAWS   ADVERSE   TO    LABOUR  285 

Criminal  Law  Amendment  Act.  The  demand  now 
was — (i)  For  unconditional  repeal.  (2)  For  the  repeal 
of  the  Master  and  Servant  Acts.  (3)  For  such  an 
amendment  of  the  laws  of  conspiracy  as  would  pre- 
vent their  being  used  as  engines  of  torture  and  punish- 
ment in  labour  disputes.  (4)  For  a  reform  of  the  jury 
laws  in  order  to  secure  more  even-handed  justice  in 
courts  of  law  in  matters  relating  to  labour.  (5)  Reform 
the  Summary  Jurisdiction  Acts,  and  an  improved  method 
of  appointing  justices  of  the  peace,  not  of  one  class  only, 
and  that  class,  as  a  rule,  adverse  to  labour.  (6)  With 
the  latter  came  the  demand  for  protection  to  seamen, 
who  could  be  arrested,  tried  forthwith,  and  sentenced  for 
refusing  to  go  to  sea  in  an  unseaworthy  ship,  without  even 
a  chance  of  proving  justification.  Other  reforms  inci- 
dental to  the  above  were  also  demanded.  The  objects 
sought  were  clear  and  definite.  There  was  a  consensus 
of  opinion  in  regard  to  them  ;  there  was  unanimity  as  to 
method  as  well  as  objects  ;  and  hence  the  agitation  was 
wide  and  deep  among  all  sections  in  the  labour  world. 
To  this  may  be  added  the  strong  feeling  of  sympathy 
evoked  in  other  sections  of  the  community,  both  in  and 
out  of  Parliament,  with  the  chief  objects  aimed  at. 

2.  The  Criminal  Law  Amendment  Act. — The  first  work 
of  the  Parliamentary  Committee  was  to  take  initial  steps 
for  the  repeal  of  the  Criminal  Law  Amendment  Act  as 
instructed  by  the  Leeds  Congress.  The  draft  Bill  first 
submitted  to  the  Committee  dealt  with  the  Master  and 
Servant  Acts,  and  also  with  the  Law  of  Conspiracy  as 
well  as  with  the  Criminal  Law  Amendment  Act.  But 
this  was  found  to  be  too  complicated  for  one  measure, 
and,  after  full  discussion,  the  proposal  was  abandoned. 
The  Committee  thereupon  decided  to  deal  with  each 
subject  separately.  The  question  then  arose  as  to  whether 
it  would  be  better  to  proceed  by  Bill  or  in  the  form  of  a 
motion  in  the  House,  throwing,  in  the  latter  case,  the 
onus  of  a  Bill  upon  the  Government.  It  was  resolved  to 
adopt  both  methods.  A  Bill  was  prepared,  and  Mr.  A.  J. 
Mundella  consented  to  take  charge  of  it,  Mr.  Samuel 


286  LABOUR    LEGISLATION 

Morley    and    others    agreed    to    back    it,  and    use    their 
influence  to  secure  a  second  reading. 

3.  Parliamentary    Crisis. — In    the    early    part    of    the 
Session  of    1873    a   "Parliamentary  crisis"  arose   which 
caused  considerable   delay,   it    being   impossible    for    any 
"  private  "    member  to   take  action  under  such    circum- 
stances.    In  consequence  of  the  defeat  of  the  University 
Education    (Ireland)    Bill,    on    March     n,    1873,    Mr. 
Gladstone    announced    on    the    I3th    the    resignation    of 
the  Ministry.     On  the  I7th  he  moved  the  adjournment 
of  the  House  until  the  2Oth  in  order  to  see  the  result  of 
Her  Majesty's  interview  with  Mr.  Disraeli.     On  the  2Oth 
he  stated  that  Mr.  Disraeli  had  declined   to  take  office, 
and  therefore  the  Ministry  had  consented  to  resume  their 
duties.     Subsequently,  on  April  4th,  Mr.  Lowe's  Budget 
failed  to  give   satisfaction,  and  changes  in  the  Ministry 
were  thought  to  be  imminent.     Those  Cabinet  difficulties 
were  not  favourable  to  the  labour  cause. 

4.  Criminal  Law   Amendment  Act  Repeal   Bill. — The 
Parliamentary  Committee  were  very  busy  during  the  whole 
of  the  time.     They  had  frequent  meetings,  and  the  officers 
were  in  almost  daily  attendance  at  the  House  interview- 
ing and  in  consultation  with  members.     A  draft  Bill  was 
agreed  to  on  March  28th,  and  a  full  meeting  of  the  Par- 
liamentary Committee  was  convened  for  April  22nd  and 
23rd  to  discuss  its  details.     These  were  agreed  to.     The 
Bill    drafted    by  Mr.   R.    S.    Wright    was    adopted.     In 
addition    to    Mr.    Mundella   and    Mr.    S.    Morley,   Mr. 
Alderman    Carter,    of  Leeds,    and    Mr.    Eustace    Smith 
backed  the  Bill.     These  agreed  to  press  the  measure  to  a 
division  unless  the  Government  accepted  it. 

5.  Fate  of  the  Bill. — A  conference  of  members  of  Par- 
liament was  held  at  the  Westminster   Palace   Hotel,   at 
which  the  measure  was  endorsed,  Mr.  Mundella  consent- 
ing to  take   charge  of  it.     On  May   I2th  the  Bill  was 
introduced  and  read  a  first  time.     It  was  on  the  Notice 
Paper  day  by  day,  but  no  opportunity  for  a  second  read- 
ing or  any  debate  occurred.     Working   men   sometimes 
seem  to  think  that  it  is  as  easy  to  draft  a  Bill  and  carry  it 


LAWS   ADVERSE   TO   LABOUR  287 

as  it  is  to  draw  up  a  resolution  and  pass  it  at  a  public 
meeting.  We  did  not  find  it  so  in  the  early  seventies. 
Is  it  easier  now  ? 

6.  Motion  for  a  Select  Committee. — In  consequence  of 
those  difficulties  and  delays  Mr.  Auberon  Herbert  gave 
notice  of  a  motion  for  the  appointment  of  a  Select  Com- 
mittee "  to  consider  what  changes  it  is  desirable  to  make 
in    the    Criminal    Law   Amendment    Act,    1871."     The 
motion  came  on  for  discussion   on  July  I5th.     On  the 
1 2th   I  sent  out  a  special  whip,  on  behalf  of  the  Com- 
mittee, to  secure  a  <c  house  "  in  case  of  a  "  count."     The 
"  house  "  was  made,  a  discussion  took  place,  the  motion 
was  pressed  to  a  division,  and  was  only  defeated   by  a 
majority  of  four.     In  the  division  list  it  was  found  that 
thirteen    members    of    the    Government    voted    in    the 
majority,  thus  defeating  the  motion.     "  Mr.  Bruce  gave 
no  encouragement  to  any  effort,  however  mild,  for   the 
amendment  of  the  Act." 

7.  The  Master  and  Servant  Acts. — The  law  of  contract 
had  been  so  mixed  up  with  the  laws  of  conspiracy  that  it 
was  difficult  to  separate  them.     In  dealing  with   one  it 
was  requisite  to  deal  with  the  other.     In  the  gas-stokers' 
case  the  complications  were  emphasised.     Batches  of  the 
Beckton  men  were  proceeded  against  for  breach  of  contract, 
and  some  were  imprisoned  ;  then  five  were  prosecuted  for 
conspiring    to    break    contracts,    and    were    sentenced    to 
twelve    months,  the    maximum    punishment    being    three 
months  under  the  Master  and  Servant  Acts.     We  were 
not  able  to  proceed  in  the   House  of  Commons  in  that 
case  by  reason  of  the  attitude  and  conduct  of  the  Home 
Office,  and  the  remission   of  two-thirds  of  the  sentence. 
In  this  matter  I  was  practically  tongue-tied,  as  I  had  been 
consulted,  and  assented  to  the  gas-stokers'  petition  for  the 
remission  of  the  sentence,  knowing  beforehand  that  the 
prayer  would  be  granted. 

8.  The  Law  of  Conspiracy. — The  Trades  Congress  at 
Leeds  having  included  "  conspiracy  "  in  its  programme,  it 
became  the  duty  of  the  Parliamentary  Committee  to  take 
steps  accordingly.     Consequently  I  was  instructed  to  wait 


288  LABOUR   LEGISLATION 

upon  Mr.  W.  Vernon  Harcourt  to  ask  him  to  bring  the 
whole  question  before  the  House  of  Commons.  This  he 
consented  to  do.  He  had  promises  of  help  from  Mr. 
Henry  James  and  others  when  the  subject  came  before  the 
House.  Mr.  Harcourt  handed  in  his  notice  of  motion 
on  February  24th,  the  date  fixed  for  the  debate  being 
March  2ist.  He  was,  however,  detained  abroad  at  that 
date,  and  therefore  he  wrote  to  Mr.  Henry  James  to 
undertake  the  task.  The  latter  gentleman  did  not  get 
the  letter  in  time  to  enable  him  to  arrange  for  such  an 
important  debate,  and  consequently  he  suggested  to  me 
that  it  would  be  better  to  leave  the  matter  in  the  hands 
of  Mr.  Harcourt,  and  take  action  upon  his  return  to 
England. 

9.  Motion  and  Debate  in  House  of  Commons. — Con- 
siderable difficulty  arose  as  regards  fixing  another  date, 
but  ultimately  Friday  evening,  June  6th,  was  decided 
upon,  and  Mr.  W.  Vernon  Harcourt  opened  a  debate  of 
great  importance  to  labour,  both  as  regards  conspiracy 
and  contracts  of  service.  Mr.  Harcourt  was  supported 
by  Messrs.  Henry  James,  Bernal  Osborne,  and  Auberon 
Herbert.  Several  other  members  were  prepared  to  speak 
in  support  if  occasion  required.  The  Attorney-General 
(then  Sir  John  Coleridge),  representing  the  Government, 
spoke  against  the  motion.  In  the  course  of  his  speech 
he  mildly  taunted  Mr.  Harcourt  with  having  brought  the 
matter  forward  in  the  form  of  a  motion,  and  challenged 
him  to  bring  in  a  Bill,  to  test  the  feeling  of  the  House 
upon  a  direct  issue,  involving  the  points  raised  in  the 
motion,  the  terms  of  which  were  as  follows  : — 


"That  the  Common  Law  of  conspiracy,  as  declared  in  the  case  of 
*  the  Queen  v.  Bunn  and  others,'  ought  to  be  amended,  limited,  and 
defined,  and  that  where  Parliament  has  prescribed  limited  penalties 
for  particular  offences,  it  is  inexpedient  that  more  grievous  and  inde- 
finite punishments  should,  under  the  form  of  indictments  for  con- 
spiracy, be  inflicted  for  agreements  to  commit  the  same  offences ;  and 
that  the  exceptional  laws  which  enforce  the  civil  contract  of  service 
by  criminal  penalties  are  unjust  in  principle  and  oppressive  in  their 
operation,  and  ought  to  be  amended." 


LAWS   ADVERSE   TO   LABOUR  289 

10.  Mr  Har court's  Speech. — The  whole  issue  was  thus 
raised  without  calling  in  question  Mr.  Justice  Brett's  very 
questionable    sentence.     Mr.    Harcourt    referred    to    the 
"  ineffectual  attempts  "  made  in  the  House  of  Commons 
in  the  previous  year  (1872)  "to  get  the  question  of  the 
laws  affecting  labour  discussed  in  the  House,"  and  to  the 
rebukes  levelled  at  him  "for  bringing  it  on  in  an  irregular 
manner."     He  "  predicted  that  mischief  would  occur  in 
consequence  "  of  the  refusal  of  the  House  to  fairly  meet 
the   question.     The    Home    Secretary    had    advised    the 
House  to  wait  and  see  what  the  judges  and  magistracy  of 
the  country  decided  in  cases  under  the  Acts  complained 
of  by  the  workmen.     Mr.  Harcourt  then  referred  to  the 
gas-stokers'  case,  decided  by  a  judge,  and  to  the  Chipping 
Norton  case,  decided  by  two  justices  of  the  peace,  the 
sentences  in  which  cases,  he  said,  to  speak  mildly,  had  not 
been  ratified  by  public  opinion.     In  the  Chipping  Norton 
case  "  a  whole  village  of  women  were  sent  to  prison  "  for 
simple  breach  of  contract ;  the  Home  Secretary  treated 
the  matter  lightly,  but  the  Times,  to  its  credit,  strongly 
condemned  the  sentence  pronounced  by  the  magistrates, 
while  Mr.   Frederic  Harrison,  in  a  letter  to  that  paper 
(June  2,  1873),  declared  that  "it  is  the  Act  which  led  the 
two  magistrates    into    their   blunder."     Mr.    Harcourt's 
speech  covered  the  whole  ground  in  a  masterly  manner, 
and  did  much  to  advance  the  claims  of  workmen  to  even- 
handed  justice. 

1 1 .  Other  Speeches. — Lord  Elcho,  who  followed,  said 
that  he  "cordially  approved"  the  "closing  sentiment,  which 
insisted   upon  the  necessity  of  securing  perfect  freedom 
between  man  and  man."     The  noble  lord  defended  the 
principle  of  his  Act  of  1867,  which  gave  power  to  the 
courts  to  impose  a  penalty  of  imprisonment  in  "  aggra- 
vated  cases,   involving  injury  to  persons   or   property." 
He  contended  that  "  the  workmen's  representatives,  even 
George    Odger,  had    agreed    that    criminal    punishments 
were  justifiable  in  certain  cases."     The  noble  lord,  how- 
ever, opposed  the  motion  before  the  House.     Mr.  Bernal 
Osborne  supported  the  motion  and  criticised  the  speech 

20 


29o  LABOUR   LEGISLATION 

of  Lord  Elcho,  while  praising  his  action  in  respect  of  the 
Master  and  Servant  Act,  1867.  He  insisted  that  "  the 
decision  of  Mr.  Justice  Brett  had  produced  an  unfortu- 
nate shock  on  the  public  mind,  a  decision  which  was 
evidently  a  wrong  one,  since  the  right  honourable  gentle- 
man (the  Home  Secretary)  had  remitted  the  sentence." 
He  suggested  that  imprisonment  for  breach  of  contract 
should  be  abolished  and  the  law  of  conspiracy  amended. 
Mr.  Auberon  Herbert  warmly  supported  the  motion. 
He  quoted  cases  of  hardship  under  the  Acts  in  rural 
districts.  He  challenged  Lord  Elcho's  statement  as  to 
George  Odger's  assent  to  imprisonment,  stating  that  Mr. 
Odger  had  guarded  himself  in  his  evidence  before  the 
Select  Committee.  He  also  referred  to  cases  of  seamen 
imprisoned  for  refusal  to  sail  in  coffin-ships.  He  urged 
that  the  question  be  dealt  with  before  the  general  election, 
in  order  to  avert  the  "  bitter  tone "  which  otherwise 
would  prevail. 

12.  Attitude  of  the  Government. — The  Attorney-General 
(Sir  John  Coleridge)  charged  Mr.  Vernon  Harcourt  with 
exaggeration  and  misrepresentation.  But  he  was  careful 
to  add  that,  "  on  the  main  subject,  they  were  entirely 
at  one  with  him/'  He  then  went  on  to  show  how 
"  entirely "  he  differed  from  Mr.  Harcourt's  speech 
and  motion.  He  disputed  Mr.  Harcourt's  law,  but 
really  gave  no  instance  of  its  inaccuracy.  He  argued 
"  that  the  provisions  of  the  Act  were  applicable  equally 
to  both  employers  and  employed."  In  the  words  of  the 
Acts,  yes  ;  but  not  in  fact,  for  employers  were  never  sent 
to  prison,  while  the  employed  were,  though  both  com- 
mitted the  same  offences.  He  admitted  that  "  the  law  of 
conspiracy  was  almost  entirely  a  judge-made  law  "  ;  he 
defended  its  elasticity,  but  its  vagueness  and  indefiniteness 
"  was  a  very  bad  thing."  In  referring  to  the  case  of  the 
gas  stokers  the  Attorney-General  said  :  "  In  the  case  of 
the  gas  stokers  it  was  assumed  that  two  propositions  were 
true:  first,  that  it  was  an  offence  against  the  Common 
Law  of  England  for  a  number  of  persons  to  combine  to 
compel  a  person  to  conduct  his  business  in  a  way  to  over- 


LAWS  ADVERSE   TO   LABOUR  291 

bear  his  will.  That  seemed  to  be  the  view  taken  by  Mr. 
Justice  Brett.  The  second  proposition  was,  that  for  a 
number  of  operatives  to  conspire  or  combine  to  break  a 
civil  contract,  was  also  an  offence  against  the  law  of 
England.  He  must  honestly  say  that  he  was  unable  to 
perceive  that  that  was  otherwise  than  a  new  doctrine." 
In  the  above-quoted  sentences  Sir  John  Coleridge  con- 
ceded the  whole  point  as  contended  for  in  the  memorial 
of  the  Gas  Stokers'  Defence  Committee. 

The  Attorney-General  went  on  to  say  that  the  atten- 
tion of  the  Law  Officers  of  the  Crown  had  been  called 
to  the  charge  of  Mr.  Justice  Brett,  and  their  opinions 
thereon  had  been  taken.  This  was  as  regards  the 
memorial  of  the  Defence  Committee.  He  continued  : 
"  In  his  opinion  these  two  propositions  (above  quoted), 
if  true,  were  at  all  events  new,  and  unless  they  were  ques- 
tioned they  might  pass  into  the  text-books  and  become 
accepted  points  in  the  law  of  conspiracy  as  laid  down  by 
judges  of  eminence."  He  added  :  "  That  was  new  law, 
and  it  was  high  time,  if  Parliament  thought  it  undesirable 
law,  that  the  legislature  should  interfere  to  limit  and 
define  it."  Then  he  cautioned  the  House  as  to  the  diffi- 
culties. "  They  would  tread  a  thorny  path,"  he  said, 
and  forthwith  quoted  a  decision  of  Mr.  Justice  Lush 
"in  a  directly  opposite  sense"  to  that  of  Mr.  Justice 
Brett  in  justification  of  his  plea  that  it  was  dangerous  to 
define  "  the  law  of  conspiracy."  One  curious  statement 
as  to  procedure  must  not  be  omitted.  Sir  John  Coleridge 
said  :  "  It  must  be  remembered  that  courts  of  law  had 
to  consider  not  the  offence  which  a  man  had  committed, 
but  the  offence  for  which  he  was  indicted.  If  prosecutors 
chose  to  waive  the  superior  and  proceed  only  for  the 
inferior  offence,  the  court  could  not  go  beyond  the 
indictment."  Just  so  ;  but  where  does  equity  come  in  ? 

13.  Dr.  Ball's  Criticism. — Dr.  Ball  criticised  the 
speeches  of  Mr.  Harcourt,  the  Attorney-General,  and 
Mr.  Auberon  Herbert.  He  was  opposed  to  "  discus- 
sions in  that  House  in  reference  to  cases  decided  in 
courts  of  law  and  the  conduct  of  Her  Majesty's  judges 


292  LABOUR   LEGISLATION 

in  trying  them."  He  then  referred  to  the  want  of 
agreement  between  the  mover  of  the  resolution  and  the 
Attorney-General  "  as  to  the  principle  on  which  the  case 
to  which  they  referred  was  decided."  He  continued  : 
"  The  hon.  and  learned  member  for  Oxford  said  that 
Mr.  Justice  Brett  and  the  magistrates  had  not  erred, 
but  that  the  law  had.  The  hon.  and  learned  gentleman, 
the  Attorney-General,  had,  on  the  other  hand,  said  that 
what  he  cavilled  at  was  the  law  as  laid  down  on  the  two 
occasions  as  not  representing  what  the  law  was,  or  as 
being  a  new  view  of  it."  He  opposed  any  alteration 
of  the  law. 

14.  The    Solicitor-General's     Outspoken    Speech. — The 
Solicitor-General    (Sir   George  Jessel),    in    reply    to  Dr. 
Ball's    contention    "  that    Parliament    had    no    right   to 
examine  propositions  laid  down  by  judges,  said  he  was 
prepared   to  assert  the  right  of  every  hon.   member  to 
that  same  liberty  of  speech  inside  the  House  which  every 
individual  outside  of  it  possessed."     He  contended  that 
hon.  members  had  as  much  right  to  blame  a  judge  as  to 
praise  him,  if  need  be.     He  "  dissented  from  the  law  as 
laid  down  by  Mr.  Justice  Brett  in  the  case  of  *  the  Queen 
v.  Bunn.'     It  was  contrary  to  the  charge  by  Mr.  Justice 
Lush  in  a  similar  case." 

15.  Decision   as   to   a    Bill. — The   learned    Attorney- 
General  had  in  his  speech  chaffed  Mr.  Vernon  Harcourt 
as  to  bringing  in  a  Bill — the  Government  was  not  pre- 
pared to  do  it.     His  hon.  and  learned  friend  was  better 
fitted  "  than  any  man  in  England  to  prepare  such  a  Bill." 
Mr.  Harcourt  came  to  me  under  the  gallery  and  said, 
"  You  hear,  Ho  well,  what  the  Attorney-General  says — 
what  shall  we  do?"     I  replied,  "Give  notice  of  such  a 
Bill  at  once."     "  Who  is  to  draft  it  ?  "  he  asked.     "  Mr. 
R.   S.   Wright,"  said   I.     « Will   he  do  it  ?  "  he  asked. 
"Yes,"  replied  I.     Notice  was  subsequently  given,  as  the 
sequel  will  show.     I  may  here  remark  that  I  had  several 
interviews   with  Sir  John  Coleridge  over  these  matters, 
the    longest  in    his    room    in  the   House   of   Commons. 
Nothing  could  exceed  his  courtesy  and  blandness.     For- 


LAWS   ADVERSE   TO   LABOUR  293 

tunately  I  was  a  good  listener  if  an  indifferent  speaker. 
Sir  John  explained  to  me  the  technical  points  in  law  and 
procedure,  and  tried  to  impress  upon  me  that  the  vast 
range  of  English  law — Common  Law  and  Criminal  Law — 
was  intended  to  do  justice,  to  be  a  terror  to  evil-doers, 
but  a  protection  to  those  who  did  well.  I  held  my  ground 
as  well  as  I  could,  and  went  away  with  the  stronger  con- 
viction that  our  contention  as  to  the  Labour  Laws  was 
the  right  one — a  conviction  soon  to  be  shared  even  by*our 
opponents. 

1 6.  Mr.    Henry  James  s  Speech. — Mr.    Henry  James 
defended  the  course  taken  in  bringing  the  matter  before 
the    House  "  on  the  question  of  going  into  Committee 
of  Supply  "  as  a  grievance.     He  said  :    "  Working  men 
complained  that  the  law  of  conspiracy  pressed  peculiarly 
in    its   uncertainty   upon  them.     In  punishing  what  the 
law  called  conspiracy  we  were  punishing  what  working 
men  called  combination.     They  were  bound  to  combine, 
and  their  experience   was  that  without  combination    all 
attempts  to  improve  their  condition  were  hopeless."     He 
then  went  on  to  show  how  the  Master  and  Servant  Act, 
especially  §  14,  was  unjust  in  its  operation,  and  also  the 
Criminal  Law  Amendment  Act,  together  with  conspiracy. 
As  regards  the  contention  that  the  Master  and  Servant 
Act  applied  equally  to  employers  and  workmen,  he  said, 
"  In  words,  no  doubt,  it  did  apply,  but  in  effect  it  did 
not,  and  could  never  do  so."     He  reminded  the  House 
that  the  Attorney-General  had  admitted  "that  an  inequality 
existed."     "  Ought  not    something   then  to  be  done  ?  " 
he  said.      He   added  :    "  If  hon.  members   treated  with 
contempt  a  demand  for  redress  of  a  serious  grievance  of 
this   kind   they  would   place   in  the  hands  of  that  class 
(workmen)    a    power   which   they   might    have   cause  to 
deeply  regret."     "  If  hon.  members  combined  to  refuse 
the  alteration  of  a  law  which  had  proved  to  be  unequal 
and   unjust  they  would  be  guilty  of  a  worse  combination 
than  that  charged   against  these  men  under  the  Act  in 
question." 

17.  Mr.  Bruce  s  Reply. — Mr.  Bruce  said  "  he  would 


294  LABOUR   LEGISLATION 

admit  if  the  law  laid  down  by  Mr.  Justice  Brett  were 
correct  it  would  be  the  duty  of  the  Government  to 
introduce  an  amending  Act.  But  it  was  because  they 
were  satisfied,  after  full  consideration,  that  that  was  not 
the  case  that  they  did  not  think  it  necessary  to  bring  in  a 
Bill  to  amend  the  Act  of  1871."  Why,  then,  let  me 
here  ask,  did  the  Government  condemn  Mr.  Justice 
Brett's  sentence  by  the  remission  of  sentence  by  two- 
thir^s  only,  when  the  maximum  under  the  Act  was  only 
one-fourth  ?  The  Home  Office  condoned  the  bad  law 
sentence  "  after  full  examination  "  by  reducing  the  sen- 
tence to  four  months  instead  of  three.  The  right  hon. 
gentleman  defended  the  Master  and  Servant  Act,  1867, 
and  quoted  in  support  of  it  the  following  statistics  from 
a  Return  laid  upon  the  table  of  the  House  on  that  day. 
In  1866  the  number  of  persons  proceeded  against  under 
previous  Acts  was  12,345,  of  whom  7,557  were  convicted 
and  1,658  imprisoned.  In  1871  the  number  proceeded 
against  was  10,810,  and  of  these  6,390  were  convicted 
and  only  494  imprisoned.  In  1872  the  number  pro- 
ceeded against  was  17,082,  of  whom  10,359  were 
convicted  and  742  imprisoned."  He  regarded  this  as 
justifying  the  Act ;  we  regarded  it  as  still  being  radically 
bad,  though  an  improvement  upon  the  series  of  Acts  in 
force  up  to  1867. 

1 8.  General  Effect  of  the  Debate. — No  apology  is 
needed,  I  think,  for  having  given  the  foregoing  careful 
and  rather  extended  summary  of  the  important  debate 
on  Mr.  Vernon  Harcourt's  motion.  As  I  sat  under  the 
gallery  listening  to  the  discussion  and  watching  the  scene 
I  somehow  felt  that  we  were  nearing  the  end.  The  Law 
Officers  of  the  Crown  had  conceded  or  admitted  so  much 
that  their  defence  of  the  law  as  it  stood,  and  of  convic- 
tions under  it,  amounted  to  condemnation.  There  was 
apology  and  excuse,  but  practically  no  defence.  Mr. 
Bruce  pleaded  for  "  a  further  trial"— that  is  to  say, 
more  prosecutions,  more  convictions,  and  more  men  in 
prison  ;  then  if  decisions  like  that  of  Mr.  Justice  Brett 
and  of  the  Chipping  Norton  magistrates  were  repeated 


LAWS   ADVERSE   TO   LABOUR  295 

the  Government  would  feel  it  to  be  "  their  duty  to  deal 
with  the  matter."  But  we  were  impatient  of  delay. 
Excuses  did  not  avail  with  us.  Injustice  was  being 
perpetrated.  Innocent  men  and  women  were  being 
sent  to  prison.  The  labour  leaders  were  targets  for 
the  more  unscrupulous  employers  to  shoot  at  if  chance 
offered  and  anger  and  irritation  got  the  upper  hand. 
Personal  safety  demanded  the  repeal  of  Acts  or  radical 
amendment.  Above  all,  labour  needed  a  freer  hand, 
the  only  limitation  being  justice  and  equality  between 
the  hirer  and  the  hired. 


CHAPTER  XXIX 

AGITATION,    SPREAD    OF    UNIONISM,    AND    FURTHER 
PARLIAMENTARY    ACTION 

LABOUR  movements  in  1873  were  so  varied  in 
character  and  diversified  as  to  methods,  that  one  can 
only  take  up  a  single  thread  at  a  time.  In  this  way  we 
may  indicate  the  warp  and  woof  of  the  fabric,  if  we  cannot 
clearly  distinguish  each  thread  in  the  finished  piece.  At 
any  rate,  we  may  be  able  to  follow  the  pattern,  and  in  some 
cases  that  will  have  to  suffice. 

1.  Demonstrations    in     London     and    Elsewhere. — The 
agitation   for   the  repeal  of  laws  adverse  to  labour  had 
become  general,  and,  in  a  certain  sense,  acute.     The  feel- 
ing against  the  Liberal   Government,  and  especially  the 
Home  Secretary,  was  intensified,  as  each  step  by  us  taken 
was  more  or  less  opposed.     Strong  speeches  were  made 
on  the  platform,  even  if  the  resolutions  were  mild  in  form 
and  expression.     With  one  exception,  the  largest  gather- 
ings took  place  in  the  mining  districts — at  Leeds,  on  the 
Cleveland  Hills,  in  other  parts  of  Yorkshire,  in  Stafford- 
shire, in  Durham,  Northumberland,  Cumberland,  Lanca- 
shire, in  South  Wales,  in  the  West  of  England,  and  in  the 
Scottish  coalfield  districts.     Vast  meetings  were  addressed 
by  Mr.   Alexander  Macdonald,   the  present  writer,  and 
others  associated  with  labour. 

2,  Hyde  Park  Demonstration. — A  great  demonstration 
of  Trade  Unionists  was  organised  by  the  London  Trades' 
Council  and  the  Parliamentary  Committee  of  the  Trades' 
Congress  in  Hyde  Park  on  June  2,  1873 — "  To  denounce 

296 


SPREAD   OF   UNIONISM  297 

the  Criminal  Law  Amendment  Act,  the  penal  clauses  of 
the  Master  and  Servant  Act,  and  the  Conspiracy  Law,  as 
far  as  they  are  applicable  to  combinations  of  workmen." 
That  meeting,  and  by  name  some  of  the  men  who  took 
part  in  it,  were  referred  to  in  Parliament  during  the  debate 
on  Mr.  W.  Vernon  Harcourt's  motion,  June  6th.  In  all 
the  meetings  held  the  one  demand  made  was  equality 
before  the  law  for  employers  and  workmen  alike.  I 
attended  most  of  the  larger  demonstrations,  and  here  let 
me  say  that  in  no  instance  did  I  hear  any  attempt  to 
justify  violence  or  intimidation.  In  the  rank  and  file 
sometimes  men,  in  fits  of  anger,  would  exclaim,  "  Serve 
them  right,"  referring  to  abuse  of  "  knobsticks  "  ;  but 
individuals  in  the  "  classes  "  speak  and  act  similarly  when 
persons  of  their  acquaintance  do  what  they  think  a  dis- 
honourable thing.  Is  more  to  be  expected  from  the 
"  uneducated  masses  "  than  from  the  "  educated  classes  "  ? 
Outrage  and  violence  were  denounced  by  the  labour 
leaders  as  well  as  by  their  censors,  but  the  former  did  not 
regard  the  distribution  of  handbills  as  intimidation,  punish- 
able as  a  criminal  offence,  as  in  the  Hammersmith  case. 

3.  Spread  of  Trade  Unionism. — Trade  unions  multiplied 
and  their  membership  vastly  increased  during  those  years 
of  agitation,  1867  to  1873.  Persecution  and  veiled 
threats  of  extermination,  by  the  suppression  of  the  unions, 
because  of  the  scare  caused  by  outrages  at  Sheffield  and 
elsewhere,  acted  as  a  stimulus  to  the  labour  leaders,  and 
the  unionists  in  the  various  industries  readily  responded  to 
their  appeals.  A  wave  of  enthusiasm  swept  over  the  land. 
This  was  helped  by  the  stupendous  development  and  exten- 
sion of  trade.  Prosperity  begot  a  desire  for  higher  wages ; 
combination  was  the  means  whereby  advances  could  be 
attained.  Workmen  flocked  into  the  unions,  if  for  no 
higher  motive,  because  it  aided  them  in  obtaining  what 
they  called  "the  big  shilling."  To  many  increased  wages 
represent  the  highest  aspiration  they  can  claim.  Others 
see  beyond  that  narrow  boundary,  and  urge  combination 
for  other  and  more  permanent  objects.  Not  only  did 
unions  increase  and  multiply,  but  many  were  reorganised 


298  LABOUR   LEGISLATION 

on  a  broader  basis.  "  They  are  come  to  stay,"  said  some 
of  the  old  stagers,  and  hence  permanency  was  regarded  as 
one  of  the  chief  aims  of  the  labour  leaders  of  that  period. 
There  were  some  failures  ;  the  men  grew  weary  of  well- 
doing ;  but  there  were  also  many  significant  successes, 
some  of  which  remain  to  this  day  models  of  what  trade 
unions  ought  to  be — well-regulated  institutions,  a  credit 
to  labour,  and  an  honour  to  the  land  of  their  birth. 

4.  Conspiracy    Law    Amendment    Bill. — Mr.    Vernon 
Harcourt  gave  notice  of  "  a  Bill  to  Amend  the  Law  of 
Conspiracy  as  applied  to  Masters  and  Servants,"  which 
was  brought  in  and  read  a  first  time  on  June  12,  1873. 
It  was   backed   by   Mr.   Harcourt,   Mr.   Mundella,  Mr. 
Rathbone,  Mr.  Henry  James,  and  Mr.  Douglas  Straight. 
In  moving  that  the  Bill  be  now  read  a  second  time,  on 
July  yth,  Mr.  Harcourt  explained  that  <c  it  did  not  deaJ 
with  the  vexed  question  of  the  Master  and  Servant  Act, 
or  with   the    question  of  contract.     The  measure  dealt 
simply  with  the  question  of  conspiracy,  and  that  only  in 
the  case  of  master  and  servant."     "  It  provided  that  no 
prosecution  for  conspiracy  should  be  instituted  unless  the 
offence  was  indictable  by  statute,  or  was  punishable  under 
the  provisions  of  some  statute  with  reference  to  violent 
threats,  intimidation,  or  molestation  ;  that  no  prosecution 
should    be    instituted    except    with    the    consent    of  the 
Attorney-  or  Solicitor-General ;  and  that  persons  convicted 
upon  such  prosecution  should  not  be  liable  to  any  greater 
punishment  than  that  provided  by  law  for  such  cases  as 
aforesaid."     He  further  explained  that  the  consent  of  one 
of  the  Law  Officers  of  the  Crown  was  necessary,  because 
many  of  the  magistrates  before  whom  such  questions  came 
were  employers. 

5.  The  Bill  Passed  by  the   Commons. — Mr.   Bruce,  in 
assenting  to  the  second  reading,  wished  that  his  hon.  and 
learned  friend  "had  brought  in  a  Bill  dealing  with  the 
general  law  of  conspiracy."     He  also  explained  that  the 
Government  dissented  from  some  of  the  provisions  of  the 
Bill,  especially  that  part  of  it  which  required  the  consent 
of  the    Law    Officers.      The   Bill  was  thereupon  read  a 


SPREAD   OF   UNIONISM  299 

second  time.  It  subsequently  passed  through  Committee, 
was  read  a  third  time,  and  sent  to  the  House  of  Lords. 
The  order  for  the  first  reading  was  merely  formal.  The 
Earl  of  Kimberley  moved  the  second  reading  on  July  3ist, 
briefly  indicating  the  nature  of  the  measure.  Lord  Cairns 
said  that  he  would  not  oppose  the  second  reading,  but  he 
had  grave  doubts  about  its  provisions,  which  u  filled  him 
with  considerable  apprehension." 

6.  Bill  in  the  House  of  Lords. — The  House  of  Lords 
went  into  Committee  on  the  Bill  on  August  ist.     Lord 
Cairns    criticised    its     provisions.      He    said    that    "  the 
sentences  passed  on    the  gas  stokers    were    undoubtedly 
severe,  but  there  was  no  reason  for  saying  that  they  were 
not  in  accordance  with  existing  law."     He  favoured  the 
Bill  of  Mr.  Vernon  Harcourt  as  first  introduced,  limiting 
such  sentences  ;  but  objected  to  the  Bill  now  before  the 
House,  enlarged  at  the  instance  of  the  Government  so  as 
"to  remodel  the  whole  Law  of  Conspiracy."    He  thought 
the  punishment  provided  by  the  Master  and  Servant  Act, 
for  an  offence  committed  by  an  individual,  was  sufficient  ; 
and  the  punishment  for  conspiracy  to  commit  the  same 
act  ought  not  to  be  heavier  than  that  on  the  individual 
who  actually  committed  it."    To  that  extent  he  was  ready 
to  support  the  measure. 

7.  Lord  Kimber 'ley's  Defence  of  the  Measure.— The  Earl 
of  Kimberley  defended  the  action  of  the  Government  in 
enlarging  the  provisions  of  the  Bill.     The  Lord  Chancellor 
also  defended  the  Bill,  but,  rather  than  the  measure  should 
be  sacrificed,  he  was  prepared  to  accept  the  suggestion  of 
Lord   Cairns.     The  Bill  was  thereupon  committed,  and 
the    Committee   proceeded    to   amend   it.     As   amended 
and  reprinted   it   was  considered  on  the  following  day, 
August  2nd. 

8.  Lords'  Amendments   Rejected  in  the   Commons. — On 
the  order  for  consideration  of  the  Lords'   amendments, 
August  4th,  Mr.  W.  Vernon  Harcourt  moved  "  that  the 
Lords'  amendments  be  taken  into  consideration  on  that 
day    three    months."      He    explained    that    the    Bill    as 
originally  brought  in  was  changed  by  the  action  of  the 


300  LABOUR   LEGISLATION 

Government  "  against  his  earnest  and  repeated  protest," 
because  he  saw  that  "  the  Bill  would  be  wrecked."  The 
hon.  and  learned  member  quoted  Mr.  R.  S.  Wright  in 
support  of  his  motion  that  the  measure,  as  it  stood,  would 
not  effect  what  was  desired,  and  therefore  he  had  no 
alternative  but  to  abandon  the  Bill. 

9.  Government   Protest    against    Amended   Bill. — Mr. 
Bruce  justified  the  course  taken   by  Mr.   Harcourt  ;    he 
"  confessed  that  the  Bill  as  returned  to  that  House  was  a 
measure  which  it  was  not  worth  while  to  pass  "  ;  and  he 
went  on  to  say  that  "  in  his  judgment  the  subject  ought  to 
be   postponed  until  the  House  could  deal   with   it  in  a 
more  comprehensive  and  satisfactory  manner."     Then  he 
added  :  "  For  his  own  part,  he  denied  that  workmen  as  a 
class  were  exceptionally  treated."     What  did  Mr.  Bruce 
believe  ?     He  was   eternally    wobbling.     He  and  others 
like  him  in  the  House  seemed  difficult  to  please.     We 
either  asked  too  much  or  not  enough  ;  or,  when  right,  we 
asked  for  it  in  the  wrong  way.     Mr.  Bruce  defended  the 
course   taken    by    the   Government — which  wrecked  the 
Bill.     He  was  not  prepared  to  pledge  the  Government — 
of  course  not — but  they  would   consider  what  could  be 
done,   &c.,   &c.      Dr.  Ball  defended   what  was  done  in 
another  place — he  was  in  favour  of  postponement.     Mr. 
Hinde  Palmer  defended  the  course  taken  by  Mr.  Vernon 
Harcourt,  and  regretted  that  the  Government  could  not 
give    a  pledge    to    deal    with    the    subject    next  Session. 
Mr.   Leith  urged    the  Government  to  do   so.     Mr.   J. 
Lowther  condemned  the  way  in  which  the  Bill  again  came 
before  the   House,  for  the  Lords'  amendments  had  not 
even    been    printed.       The    motion    was   then    put    and 
carried,  "  that    the    Lords'    amendments    be    taken    into 
consideration  upon  this  day  three  months." 

10.  Who  caused  the  failure  of  the  Cons-piracy  Bill? — 
It  is  important  in  this  history  that  the  saddle  should  be 
put  on  the  right  horse.     Lord   Cairns  was  undoubtedly 
responsible    for    the    ultimate  changes    which  led  to  the 
rejection  of  the  Bill  in  the  House  of  Commons,  on  the 
motion   of  its    introducer,    Mr.    W.    Vernon    Harcourt. 


SPREAD   OF   UNIONISM  301 

But  it  was  the  action  of  Mr.  Bruce,  the  Home  Secretary, 
the  mouthpiece  of  the  then  Government,  that  led  finally 
to  the  changes  which  ultimately  wrecked  the  measure. 
It  is  difficult  to  convey  the  changes  proposed  and  made 
without  reproducing  the  whole  of  the  four  Bills,1  but  I 
will  indicate  the  chief.  Clause  i  of  the  Bill  read  as 
follows  :  "A  prosecution  shall  not  be  instituted  against  a 
person  for  conspiracy  to  do  any  act,  or  cause  any  act  to  be 
done  for  the  purposes  of  a  trade  combination,  unless  such 
act  is  an  offence  indictable  [at  Common  Law  or]  by  statute, 
(or  is  punishable  under  the  provisions  of  some  statute  for 
the  time  being  in  force  relating  to  violence,  threats, 
intimidation,  or  molestation,  and  no  such  prosecution 
shall  be  instituted  except  with  the  consent  of  H.M.'s 
Attorney-General  or  Solicitor-General.")  Mr.  Bruce 
proposed  to  insert  the  words  in  brackets,  so  [  ],  and  to 
leave  out  all  the  words  after  "statute,"  so  (  ).  Thus  the 
whole  character  of  the  clause  was  changed  for  the  worst — 
not  amended. 

1 1 .  Effect  of  Government  Changes. — The  proposal  to 
insert  the  words,  "  at  Common  Law  or,"  was  intended  to 
perpetuate  the  power  of  dealing  with  labour  cases  under 
the  Law  of  Conspiracy,  as  by  Mr.  Justice  Brett,  in  the 
case  of  the  gas  stokers.  The  acceptance  of  that  "  amend- 
ment "  would  have  been  fatal  to  the  Bill  at  once.  But 
after  a  good  deal  of  pressure  that  amendment  was  with- 
drawn, and  a  totally  different  set  of  amendments  were  put 
down,  making  the  Bill  general,  dealing  with  the  whole  law 
of  conspiracy.  Protest  was  of  no  use,  and  the  Bill  was 
wholly  changed  in  character  by  the  action  of  the  Govern- 
ment. We  were  opposed  to  the  changes,  but  the  Bill  as 
amended  being  backed  by  the  whole  force  of  the  Govern- 
ment, we  were  obliged  to  submit  while  believing  it  to  be 
fatal.  In  the  Bill  as  finally  passed  and  sent  to  the  Lords, 

1  I  published  the  four  Bills  at  the  time,  to  show  the  changes : 
(i)  As  introduced  by  Mr.  Harcourt  ;  (2)  as  amended  in  Committee  ; 
(3)  as  sent  to  the  House  of  Lords,  and  (4)  as  returned  to  the  House 
of  Commons.  See  "  Tracts  for  Trade  Unionists  (No.  4),"  Parliamen- 
tary Committee,  1873. 


302  LABOUR   LEGISLATION 

seven  "  offences  indictable  at  Common  Law "  were 
enumerated  ;  in  Schedule  L,  Part  i,  and  in  Part  2,  no 
fewer  than  twenty  Acts  are  enumerated  of  "  offences 
summarily  punishable"  under  them.  In  Schedule  II.  three 
other  Acts  are  mentioned.  The  Master  and  Servant  Act 
was  not  quoted,  and  I  felt  anxious.  I  therefore  saw  Sir 
John  Coleridge  about  it  on  July  3Oth.  He  assured  me 
that  the  Act  was  "  expressly  omitted  to  get  rid  of  the 
ruling  of  Mr.  Justice  Brett."  He  further  stated  "  that 
the  Government  had  taken  a  good  deal  of  trouble  about 
it."  I  do  not  doubt  it,  but  they  at  the  same  time 
managed  to  muddle  it,  and  get  rid  of  the  Bill  in 
consequence. 

12.  Master  and  Servant  Act,  §  14. — Mr.  J.  Hinde 
Palmer  made  an  effort  to  get  rid  of  §  14  of  the  Master 
and  Servant  Act  on  July  29th,  when  the  Expiring  Laws 
Continuance  Bill  was  in  Committee.  This  was  an  Act 
which  had  to  be  continued  annually,  towards  the  close  of 
each  Session.  In  the  Schedule  a  long  list  of  Acts  is 
specified,  all  of  which  it  is  thought  needful  to  continue  in 
force.  On  going  into  Committee,  Mr.  Butt  opposed  the 
Bill,  because  of  the  Unlawful  Societies  (Ireland)  Act  and 
others  being  in  the  Schedule.  Mr.  Hinde  Palmer  opposed 
it  because  "  many  of  the  Acts  were  of  a  highly  penal 
character,  and  ought  to  be  discussed  separately."  In 
Committee,  Mr.  Butt  again  raised  the  question  ;  Lord 
Hartington  defended  the  Bill  as  it  stood  ;  Mr.  Butt's 
motion  was  defeated  by  a  majority  of  65.  Mr.  Hinde 
Palmer  "  moved  to  omit  §  14  from  the  Master  and 
Servant  Act/'  the  clause  being  that  which  affords  a  criminal 
remedy  to  a  master  for  a  breach  of  a  civil  contract.  Mr. 
Bruce  opposed  the  amendment ;  he  said  :  "  The  law  was 
a  just  and  necessary  law,  and  he  would  maintain  it." 
Mr.  Newdegate  would  give  magistrates  a  discretion  to 
admit  defendants  to  bail,  and  thus  get  rid  of  some  of  the 
harshness  of  the  clause.  On  a  division,  the  amendment 
was  lost  by  a  majority  of  20.  Mr.  Jacob  Bright  and 
Mr.  Hinde  Palmer  were  tellers  for  the  Ayes  ;  Mr.  W.  P. 
Adam  and  Captain  Greville,  Government  Whips,  were 


SPREAD   OF   UNIONISM  303 

tellers  for  the  Noes  ;  one-half  of  the  latter  were  members 
of  the  Government.  The  practice  of  so  continuing  highly 
penal  statutes  was  severely  condemned  by  the  Marquis  of 
Salisbury  when  the  Bill  came  before  the  House  of  Lords. 
He  said  :  "  The  Bill  under  discussion  was  merely  a 
means  to  enable  Parliament  and  Ministers  to  cheat  them- 
selves by  smuggling  Acts  through  quietly,  against  which 
there  was  very  considerable  objection."  "  The  Earl  of 
Carnarvon  made  a  salutary  protest  against  a  very  pernicious 
practice."  Thus,  bit  by  bit,  our  protests  on  behalf 
of  the  working  classes  became  voiced  even  in  the  House 
of  Lords. 

13.  Other    Measures    in    the    Session    of    1873. — The 
Leeds  Trades  Union  Congress  gave  to  the  Parliamentary 
Committee  a  vast  programme,  some  special  items  in  which 
have  been  dealt  with  at  some  length,  as  their  importance 
demanded.     The  others  need  only  be  briefly  enumerated 
and  commented  upon,      (i)  The  Trade   Union  Act^  1871: 
Mr.   J.  D.  Prior  and   Mr.  C.  J.  Drummond  had  called 
attention  to  some  defects  in  the  Act  of  1871   as  regards 
the    investment    of     funds,    &c.       The     Parliamentary 
Committee  could  do  no  more  than  call  attention  to  the 
matter,   because  of  the  state  of  business  in  the  House  ; 
but,  ere  the  close  of  the  year,  a  promise  of  an  Amending 
Bill  was  given.     (2)  The  Juries  Bill :  "  The  Committee 
felt  bound  to  object  to  the  Juries  Bill  brought  in  by  the 
Government,   and   they   prepared    and    signed  a   petition 
against  it,  which  was  presented  by  Mr.  J.  Hinde  Palmer, 
who  called  attention  to  the  views  therein  expressed,  and 
to  its  prayer,  in  the  House.     The  Bill  came  to  grief,  as  a 
"  slaughtered  innocent."     The  report  to  Congress  (1874) 
said  :   "  Your  Committee  trust  that  no  attempt  to  alter 
our  system  of  trial  by  jury  will  be  permitted,  except  to 
lower  the  qualification,  so  as  to  enable  workmen  to  discharge 
the  duties  of  jurymen." 

14.  (3)   Compensation  for  Injuries. — As    the   President 
of  the   Board  of  Trade  had  promised  me  by   letter,   as 
secretary  to  the  Committee,  that  the  Government  would 
introduce  a  Bill  dealing  with  accidents  causing  injuries  to 


304  LABOUR   LEGISLATION 

workmen,  action  on  our  part  was  deferred.  Mr.  Hinde 
Palmer  endeavoured  to  obtain  information,  but  could  get 
no  promise.  The  "Parliamentary  crisis"  was  pleaded. 
The  Committee  consequently  requested  Mr.  Hinde 
Palmer  to  reintroduce  the  Bill  of  1872  in  the  Session  of 
1874,  if  the  Government  failed  to  redeem  the  promise 
made  at  the  end  of  1872.  (4)  Payment  of  Wages  (Truck) 
Bill :  When  the  Truck  Bill  was  withdrawn,  in  the  Session 
of  1872,  after  the  alterations  made  therein  by  the 
Committee  to  whom  it  was  referred,  the  Government 
promised  to  reintroduce  the  measure  in  the  Session  of 
1873.  But  no  attempt  was  made  to  reopen  the  question. 
The  Parliamentary  Committee  could  neither  get  promise 
nor  information,  but  they  continued  to  urge  its  im- 
portance to  the  workpeople  upon  members  of  the 
Government. 

J5-  (5)  Factories  Nine  Hours'  "Bill. — This  Bill  was  in 
the  hands  of  the  representatives  of  the  Factory  Operatives 
themselves,  and  the  Parliamentary  Committee  only  gave 
such  incidental  help  and  support  as  the  Operatives'  Com- 
mittee desired.  Some  of  their  friends  and  supporters 
deprecated  making  the  question  a  purely  trade  union  one, 
which  they  deemed  would  be  the  case  if  we  were  too 
much  in  evidence.  We  co-operated  on  all  occasions 
whenever  by  so  doing  we  could  gain  support  for  the  Bill. 
It  fell  to  my  lot  to  be  often  with  the  members  of  the 
Operatives'  Committee  in  the  Lobby  of  the  House  and 
elsewhere,  always  urging  upon  members  of  the  Govern- 
ment, and  of  the  House  of  Commons,  the  necessity  for 
such  a  measure  in  the  interests  of  children  and  young 
persons,  in  factories  and  workshops,  and  in  crowded  and 
heated  workrooms,  wherever  such  were  employed.  (6) 
Summary  Jurisdiction  of  Magistrates. — The  only  action 
we  could  take  upon  this  question  was  to  promote 
an  inquiry.  With  that  view  Mr.  Auberon  Herbert  gave 
notice  of  a  motion  "  for  an  inquiry  into  the  laws  under 
which  summary  jurisdiction  is  administered,  the  way  in 
which  it  has  been  administered,  and  also  into  the  mode 
of  the  appointment  of  magistrates."  The  motion  was 


SPREAD   OF   UNIONISM  305 

unsuccessful  ;  but  the  sentence  upon  the  wives  of  agri- 
cultural labourers,  at  Chipping  Norton,  for  alleged 
intimidation,  kept  the  question  fairly  well  before  the 
public,  being  referred  to  again  and  again  in  the  House,  at 
public  meetings,  and  in  the  press,  as  a  stain  upon  the  law 
and  its  administration. 

1 6.  Other    Work  of  the   Parliamentary   Committee. — It 
will  be  seen  that  the  work  of  the  Committee  was  laborious, 
extending  to  a  variety  of  subjects,  several  being  embodied 
in    Bills   submitted    to    Parliament ;    in    other    cases   by 
motions,    or    notices    of   motions    in    the    House,    some 
eventuating  in  debates,  and  even  in  Divisions,     (a)  The 
Committee  issued  special  Whips  to  members  of  the  House 
of  Commons  whenever  a  Bill,  or  motion,  was  coming  on. 
In  this  way  we  were  able  to  secure  a  "  House  "  at  the 
evening  sittings,  and  thus  prevent  a  "  count  out."     (£) 
The  Committee  prepared  and  issued  draft  petitions  on  the 
four  chief  measures  before  the  House  ;  these  were  sent  to 
all  the  trades*  societies  in    the  kingdom,  whose   address 
was  at  that  date  known,  with  full  instructions  as  to  the 
mode    of    petitioning,   through    the    local    members    of 
Parliament.     The  Committee  also  urged  that  copies  of  all 
resolutions    passed    at    public    meetings    be    sent    to    the 
Government.     Mr.  Gladstone  and  Mr.  Bruce  must  have 
had  a  large  number  of  such  resolutions,     (c)  The  Com- 
mittee   also  obtained   returns   of  convictions    under    the 
Master  and  Servant  Act,  1867,  through  Lord  Elcho  and 
Mr.  Hinde  Palmer,  respectively  ;  and  also  of  convictions 
under  the  Criminal  Law  Amendment  Act,  1871,  in  order 
to  be  able  to  estimate  the  evil  effects  of  those  Acts. 

17.  (d)  Trade  Union  Literature. — The  publication  of  a 
series  of  tracts  on  the  main  questions  affecting  labour  and 
Trade  Unions,  was  started  in    1873.     First  of  all,  Mr. 
Henry  Crompton's  very  able  paper  on  the  Criminal  Law 
Amendment   Act    was   republished    in    pamphlet    form. 
Then  the  Parliamentary  Committee  thought  it  desirable 
to  issue  other  pamphlets.     I  was  instructed  to  see  Mr. 
Frederic  Harrison  on  the  subject,  and  to  request  him  to 
prepare  one  on  the  Law  of  Contract,  one  on  Conspiracy, 

21 


306  LABOUR   LEGISLATION 

and  one  on  the  Criminal  Law.  These  were  issued  as 
"  Tracts  for  Trade  Unionists,'*  Nos.  i,  2  and  3.  To  the 
last  was  added  by  me,  with  the  sanction  of  the  Committee 
and  Mr.  Harrison,  a  reprint  of  the  Criminal  Law  Amend- 
ment Act,  1871,  Amendment  Bill,  as  brought  in  by  Mr. 
Mundella.  No.  4  was  a  reprint,  by  permission,  from 
"  Hansard's  Debates,"  of  the  whole  of  the  debates  on  the 
Master  and  Servant  Act,  1867,  Conspiracy  Laws,  and 
Criminal  Law  Amendment  Act,  1871.  Those  publica- 
tions were  sent  to  all  members  of  Parliament,  to  the 
Press,  and  to  the  trade  unions  of  the  kingdom.  Other 
publications  were  also  issued,  but  these  will  be  duly 
noticed  in  their  proper  place.  It  was  a  busy  time  for  me, 
in  that  Session  of  1873  ;  for  all  the  detail  work  fell  upon 
my  shoulders.  The  Glasgow  Trades  Council  also 
published  a  series  of  tracts  upon  all  the  subjects  men- 
tioned, mostly  written  by  Dr.  Hunter,  subsequently 
member  of  Parliament. 


CHAPTER   XXX 

NATIONAL     FEDERATION    OF     ASSOCIATED     EMPLOYERS    OF 

LABOUR 

EVENTS  crowded  upon  each  other  thick  and  fast  in 
1873,  a  year  memorable  in  the  annals  of  labour. 
Few  of  those  who  then  took  an  active  part  in  the  campaign 
survive.  One  only,  besides  myself,  remains  of  the  Parlia- 
mentary Committee  of  that  year,  and  he  took  practically 
no  part,  for  he  was  a  busy  man,  living,  far  away  from 
London,  in  the  provinces.  In  Parliament,  only  Lord 
James  of  Hereford  and  Sir  William  Vernon  Harcourt 
remain,  both  true  friends  of  labour,  when  friends  in 
Parliament  were  comparatively  few.  Outside  the  House 
several  survive,  the  more  prominent  being  Mr.  Frederic 
Harrison,  Professor  Beesly,  Mr.  Henry  Crompton,  Mr. 
Justice  Wright,  Mr.  J.  M.  Ludlow,  and  Mr.  Auberon 
Herbert,  the  latter  then  in  the  House  of  Commons,  and 
ever  a  brave  fighter.  Of  the  chief  officials  of  trade 
unions  in  that  year,  who  took  an  active  part  in  the 
struggle,  only  Mr.  Robert  Applegarth,  of  the  Amalga- 
mated Society  of  Carpenters  and  Joiners,  Mr.  Robert 
Knight,  of  the  Boilermakers  and  Iron  Shipbuilders,  and 
George  Shipton,  all  ex-officials,  and  Mr.  T.  Ashton,  now 
remain.  Some  half  a  dozen  others  are  still  living,  who 
gave  general  support  to  the  Committee  in  their  own 
localities,  as  officials  and  labour  leaders,  but  were  not 
otherwise  engaged  in  the  fight. 

i.  Proposed  Formation  of  Employers'  Federation. — As 
very  few  of  the  labour  leaders  of  the  present  day,  and 


307 


308  LABOUR   LEGISLATION 

fewer  still  of  the  rank-and-file  of  trade  unionists,  know  any- 
thing personally  of  the  industrial  period  now  under  review 
— nearly  thirty  years  ago — while  to  the  general  public  of 
to-day  its  history  is  as  a  sealed  book,  the  story  of  the  rise 
and  progress  of  the  Employers'  Federation  may  be  of 
historic  interest.  Early  in  April,  1873,  I  heard  of  a 
project  to  establish  a  great  federation  of  Employers' 
Associations,  whose  object  was  said  to  be  to  resist,  by  all 
lawful  means,  the  demands  of  the  workmen  for  the  repeal 
of  certain  laws,  and  the  amendment  of  others,  deemed  by 
them  to  be  adverse  to  labour.  A  circular  was  sent  out, 
dated  April  25th,  convening  a  conference  of  employers, 
at  the  Westminster  Palace  Hotel,  on  April  3Oth,  at 
2.30  p.m.  Another  circular,  by  another  body,  was  issued 
on  April  26th,  urging  the  attendance  at  such  conference  of 
all  employers  in  the  cotton  trades.  The  conveners  of  the 
conference  were  :  (i)  "The  General  Association  of  Master 
Engineers,  Shipbuilders,  Iron  and  Brass  Founders,"  and 
(2)  "  The  National  Association  of  Factory  Occupiers," 
respectively.  I  obtained  copies  of  these  circulars,  and 
forthwith  summoned  the  London  members  of  the  Parlia- 
mentary Committee  to  consider  them,  and  to  decide  as  to 
our  course  of  action. 

2.  The  Circulars. — The  circulars  were  not  identical,  but 
were  on  the  same  lines.  I  will  take  No.  i  as  the  basis,  and 
add  anything  of  importance  in  No.  2,  not  in  No.  i.  The 
first  states  the  Committee  of  Management  of  the  General 
Association  of  Engineers,  &c.,  had  under  consideration  the 
notice  of  motion  of  Mr.  Vernon  Harcourt,  on  the  notice 
paper  of  the  House  of  Commons  for  May  2nd,  as  follows  : 
"  To  call  the  attention,  in  connection  with  the  recent  con- 
viction of  the  gas  stokers,  to  the  unsatisfactory  state  of  the 
existing  law  of  conspiracy,  and  also  to  the  exceptional 
policy  of  the  legislature  which  enforces  the  civil  contract  of 
service  by  criminal  penalties."  The  circular  adds  :  "  The 
step  about  to  be  taken  by  Mr.  Vernon  Harcourt  is  but 
one  of  a  series  which  the  trade  unionists  have  arranged  to 
force  upon  the  attention  of  Parliament  during  the  present 
session."  It  goes  on  to  say  that  trade  unions  had  elected 


ASSOCIATED   EMPLOYERS   OF   LABOUR        309 

a  Parliamentary  Committee,  and  officials,  to  carry  on  the 
agitation  for  securing  certain  objects  named,  as  follows  : — 

3.  'Trade  Union  Programme  Set  Forth : — 

1.  The  Repeal  of  the  Criminal  Law  Amendment  Act. 

2.  The  Repeal  of  all  Penal  Laws  especially  affecting  Workmen. 

3.  The  Revision  of  the  Common  Law  of  Conspiracy. 

4.  The  Complete  Revision  of  the  Master  and  Servant  Act. 

5.  The  Revision  of  the  Jurisdiction  of  Justices  of  the  Peace. 

6.  The    Admission    of    Workmen    to    Discharge    the    Duties    of 

Jurymen. 

Circular  No.  2  adds  (I  alter  the  numbers  to  follow  the 
above)  : — 

7.  The  Promotion  of  the  Payment  of  Wages  Bill. 

8.  The  Promotion  of  the  Compensation  to  Workmen  Bill. 

9.  The  Promotion  of  the  Factories  Nine  Hours'  Bill. 

The  foregoing  list  is  a  fair  and  accurate  statement  of  our 
objects,  as  formulated  by  the  Trades  Congress,  and 
remitted  to  the  Parliamentary  Committee  to  obtain  by 
united  action,  and  sustained  agitation,  both  in  and  out  of 
Parliament. 

4.  Objects  of  Employers  Federation. — (a)  The  circular 
(No.    i)  adds  :    "  Under  these    circumstances    the  Iron 
Trades  Employers'    Association   have    called   upon    this 
Committee  to  take  measures  to  resist  the  trade  unionists 
in   their  attempts  to  efface  from  the  Statute  Book  such 
laws  as  experience  is  daily  showing  to  be  of  paramount 
importance   for  the  safety  of  capital,   the   protection   of 
labour,  and  the  prosperity  of  the  country."     The  circular 
goes  on  to  say  that  "  the  Committee  are  acting  conjointly 
with   other  important  organisations  of  employers  in  the 
cotton,   flax,  iron,  coal,  and   building  trades,"  and  they 
therefore  "  call  a  private  meeting  with  a  view  to  secure  the 
assistance  of  members  of  Parliament,  in  protecting    the 
enterprise  of  the  country  against  the  aggressive  movements 
about  to  be  made  upon  it." 

(£)  Circular  No  2,  after  setting  forth  the  programme  of 
the  Trades  Congress  Parliamentary  Committee,  and  adding 


310  LABOUR   LEGISLATION 

a  paragraph  from  the  Committee's  circular,  as  to  the 
national  importance  of  the  measures  described,  adds  :  "  In 
the  presence  of  such  declarations  as  these,  it  appears  to 
your  Committee  that  the  safety  of  capital,  the  protection 
of  labour,  and  the  prosperity  of  the  country,  alike  call 
upon  the  leading  employers  to  take  council  together/* 
Other  reasons  are  urged  in  favour  of  joint  action  at  the 
conference  to  be  convened.  One  association  mentions 
that  it  represents  employers  of  7,000  workmen,  the  other 
of  250,000.  The  circulars  state  that  *'  the  conference  is 
called  irrespective  of  political  party,  in  the  interests  of 
employers  of  labour." 

5.  Action  of  Parliamentary  Committee.  —  Having 
obtained  copies  of  those  two  circulars  and  of  the  reso- 
lutions proposed  to  be  submitted  to  the  conference,  I 
addressed  the  following  letter  to  the  chairman  of  the 
meeting  : 


"  SIR, — A  copy  of  your  resolutions  having  reached  me,  I  felt  bound 
to  lay  the  same  before  my  Committee.  I  am  instructed  to  say  that 
as  we  presume  questions  of  the  greatest  importance  are  to  be  discussed, 
in  which  this  Committee,  equally  with  your  own  associations,  feel  the 
deepest  interest,  we  hasten  to  inform  you  that  our  Committee  will  be 
willing  to  appoint  a  deputation  to  meet  a  deputation  from  your 
association  to  go  over  the  several  points  named  in  your  programme. 
I  am  desired  to  say  that  we  have  ever  held  our  conferences  with  open 
doors,  as  we  have  no  interests  above  and  beyond  the  general  welfare 
and  prosperity  of  the  country.  We  also  seek  with  you  for  'the  safety 
of  capital,  the  protection  of  labour,  and  the  prosperity  of  the  country.' 
We  further  beg  to  say  that  we  make  no  aggressive  movement  against 
the  enterprise  of  the  country. — Signed,  GEORGE  HOWELL  (April  30, 

1873)." 

6.  Employers'  Reply  to  above  Letter  :— 

"  SIR, — I  have  to  acknowledge  the  receipt  of  your  favour  of  this 
day's  date  (April  3Oth),  which,  I  regret  to  say,  was  put  into  my  hands 
in  the  middle  of  our  proceedings,  when  it  was  impossible  for  us  to 
deliberate  upon  the  desire  expressed  in  private.  I  will,  however,  take 
care  to  hand  over  your  communication  to  our  Secretary,  who  will,  no 
doubt,  place  it  before  the  Committee  for  consideration. — Signed,  JOHN 
ROBINSON,  Chairman  of  Conference  of  Employers." 


ASSOCIATED    EMPLOYERS   OF    LABOUR         311 

7.  Mutual  Attitude  of  the  Two  Bodies. — "The  National 
Federation  of  Associated  Employers  of  Labour  "  was  con- 
stituted at  that  conference,  held  at  the  Westminster  Palace 
Hotel,  on  April  30,    1873,  with  Mr.  John  Robinson  as 
chairman,  and  Mr.  Henry  Whitworth  as  secretary.     The 
list  of  members  of  the  council  included  the  chief  employers 
in  the  coal,  iron  and  steel,  textile,  engineering,  shipbuild- 
ing,  boot   and  shoe,  building,  and  various  other  trades. 
In  wealth,  influence,  and  representative  character  no  such 
formidable   organisation  of  capital  had  ever  before  been 
pitted    against   labour.       Early    in    1874    that    powerful 
organisation  started   a  weekly   paper,  ably  conducted    by 
Dr.    Aubrey,    the    object     of  which    was  to   oppose  the 
workers  in  their   demands  for  a  revision  of    legislation 
and  equality  of  treatment  under  the  laws  of  the  realm. 
We  had  open  to  us  the  Beehive,  afterwards  the  Industrial 
Review,  though  not  in  the  least  under  the  control  of  the 
Parliamentary  Committee,  or  even  always  friendly  in  its 
comments  upon  our  action. 

8.  Mutual  Courtesies. — Here  let  me  add,  in  anticipa- 
tion,  that  the  courtesies    exchanged   between   Mr.  John 
Robinson   and  myself,  in  the  letters  given,  were  but  the 
prelude  to  others    throughout    the    long    struggle.     We 
exchanged  publications.     I  sent  everything  we  published 
to  the   officials   of  the  Employers*  Federation,  and  they 
sent   theirs    to  me.       My  intercourse  with    Mr.   Henry 
Whitworth  and  Dr.  Aubrey  was  as  cordial  as  it  could 
be  considering  the  nature   of  the  battle  waged   and  the 
conflicting  interests  of  the   forces  arrayed    against    each 
other.     This  tribute  is  due  from  me,  as  historian,  to  my 
then  opponents. 

9.  Manifesto  of  Employers'  Federation. — The  "  State- 
ment as  to  formation  and  objects  "    of  "  the    National 
Federation  of  Associated  Employers  of  Labour,"  which  was 
the  adopted  title  of  the  Association,  and  the  rules  by  which 
it  was  governed,  are  too  lengthy  to  be  reprinted  in  full, 
but  I  will  here  summarise  the  important  documents,  so  as 
to  indicate  fairly  and  clearly  their  character.  I  republished 
all  the  important  documents  of  the  Employers'  Federation 


312  LABOUR   LEGISLATION 

at  the  time  in  a  pamphlet,  and  sent  copies  to  all  the  chier 
trade  unions  and  to  the  Press.  The  Employers'  Federation 
did  the  same  with  many  of  our  reports  and  circulars, 
especially  of  our  deputation  to  the  Home  Secretary  on 
November  5,  1873.  They  had  reproduced  others  of  an 
earlier  date,  and  generally  in  an  impartial  spirit,  though 
they  gave  a  colour  to  our  objects,  in  their  comments,  to 
which  we  objected.  Most  likely  we  also  attributed  pur- 
poses to  them  which  the  employers  denied. 

10.  Statement  of  Objects. — In  the  statement  of  objects, 
signed  by   the  president,  treasurer,  and  secretary,  dated 
December    n,  1873,  they  sav  tnat   tne   Federation  "  has 
been  formed  in  consequence  of  the  extraordinary  develop- 
ment— oppressive  action — far-reaching,  but  openly  avowed 
designs — and  elaborate  organisation  of  trade  unions.     Its 
object  is,  by  a  defensive  organisation  of  the  employers  of 
labour,  to  resist  these  designs  so  far  as  they  are  hostile  to 
the  interests  of  the  employers,  the  freedom  of  the  non- 
unionist    operatives,    and    the    well-being    of    the    com- 
munity." 

11.  Traae  Union  Officials — Charges. — The  statement  goes 
on  to  speak  of  "  the  extent,  compactness  of  organisation, 
large    resources    and    great  influence    of    trade    unions," 
&nd  of  the  Annual  Trades  Congresses,  "  at  which  an  in- 
creasing number  of   unions  are  represented   each  year." 
It  continues  :    "  They  have  control  of  enormous  funds, 
which  they  expend  freely  in  furtherance  of  their  objects, 
and  the  proportion  of  their  earnings  which  the  operatives 
devote  to  the  service  of  their  leaders  is  startling."     After 
quoting  some  figures  (which  are  altogether  misleading,  as 
I  shall  show)  it  adds  :   "They  have  a  well-paid  and  ample 
staff  of  leaders,  most  of  them  experienced  in  the  conduct 
of  strikes,  many  of  them  skilful  as  organisers,  all  forming 
a  class  apart,    a  profession,  with  interests  distinct  from, 
though  not  necessarily  antagonistic  to  those  of  the  work- 
people they  lead  ;  but  from  their  very  raison  d'etre,  hostile 
to  those  of  the  employers  and  the  rest  of  the  community. 
Without  disputes,  whether  as  to  rates  of  wages,  the  hours 
of  work,  the  employment  of  non-union  men,  the  mode  of 


ASSOCIATED   EMPLOYERS   OF   LABOUR         313 

calculating  wages,  the  number  of  apprentices,  or  the 
materials  worked — without  aggressive  schemes  for  the 
assumption  of  power,  flattering  to  their  followers — their 
influence  would  wane,  their  exchequer  would  languish, 
and  their  order  would  cease  to  exist  as  a  power  in  the 
community." 

12.  Reply  to  the  above  Charges. — The  charges  above  set 
forth  were  quite  unworthy  of  the  able,  experienced,  and 
great    employers  who  formed   the   Council  of  the   Em- 
ployers'   Federation.       Many    of    the    statements    were 
absolutely   false,    some    were   half-truths,   which   are   the 
worst  of  lies,  others  were  cruel  calumnies  against  honour- 
able men.     Let  us  take  them  seriatim  :  (i)  As  to  "  control 
of  enormous    funds,   which    they  expend    freely."     The 
three  societies  named,  as  must  have  been  known  to  the 
writer  of  the  "  statement,"  expended  the  major  portion  of 
the    aggregates   given   upon   provident    benefits  —  out-of- 
work,  sickness,  accident,  old  age  pensions,  and  funerals. 
Take    one    example  :    the    u  statement "    says  that    "  the 
Amalgamated    Society    of   Engineers"    spent    £109,809 
in    1868    alone!     Well,    here   are  the  payments  out  of 
that  total :  Donation  benefit,  out  of  work  £64,979  ;  sick 
benefit,     £16,992  ;     old     age    superannuation,    £7,123  ; 
Accident    benefit,    £1,000  ;    funeral    benefit,    £5,049  ; 
benevolent  grants,  £3,026  :    total  £98,159;    balance  for 
all   other  purposes,  £11,650.      Out  of  the  latter  many 
hundreds  of  branch  officers  had  to  be  paid,  also  rent  of 
rooms,    printing,    stationery,    postages,   and  all    costs    of 
the  general  office. 

13.  Trade   Union   Officials'   Salaries. — (2)    As   regards 
the    pay    and    character    of   the    labour   leaders  referred 
to,    the    paragraphs    in    the    "  statement "    were    grossly 
inaccurate  and  unjust.     Of  all  paid  officials  at  that  date, 
those    of    trade     unions    were     notoriously    underpaid. 
William    Allan,    the    capable    General    Secretary    of  the 
Amalgamated  Society  of  Engineers,  was  the  highest  paid 
official  at  that  period,  his  salary  being  £208  per  annum. 
The  next  highest  rates  were  £156  per  year.     This  was 
paid  by  several  unions,  but  by  none,  except  the  engineers, 


314  LABOUR   LEGISLATION 

was  a  more  liberal  salary  than  £156  a  year  paid.  Such 
modest  rates  might  have  been  regarded  as  u  well  paid  " 
by  the  writer  of  the  "  statement,"  but  generally  the  pay 
was  thought  to  be  very  inadequate,  even  mean,  on  the 
part  of  men  fighting  for  higher  wages. 

14.  Costs  to  the  Unions. — (3)  Personally,  I  was  not  con- 
cerned in  this  matter,  as  I  was  never  a  paid  official  in  any 
trade  union.     I  was,  to  some  extent,  concerned  as  secretary 
of  the  Parliamentary  Committee,  and  therefore  I  here  give 
the  total  expenditure  for  the  years  1871,  1872,  and  1873, 
to  the  date  of  the  charge  ;  prior  to  1871  no  costs  were 
incurred.      Three   years  :    total   income,   £727   8s.  3d.  ; 
total  expenditure,  £611  33.  6d.  ;  balance  handed  over  to 
Congress,  January,    1874,    £116   43.    yd.      Three  years* 
salaries,  clerical    work,    rent,    fuel,    gas,    &c.,    amounted 
to    £230     173.  ;    committees,   ^89    ics.   yd.  ;    printing, 
£141      1 8s.     8d.  ;     postages,     &c.,     £95      us.;     Par- 
liamentary Papers,  ^20   53.    nd.  ;    Advertisements  and 
miscellaneous,  £31   143.  8d. — aggregates,  in  all  instances, 
for  three  years. 

15.  Other     Charges. — (4)    The     charges    against    the 
labour    leaders    and    trade    union    officials    were    more 
serious  still,  but  in  general  terms.     They  were  "  a  class 
apart,  with  interests  distinct  from  those  they  lead  ;  .  .   . 
they   are    incessantly   engaged    in    keeping    the   relations 
between    employers   and   employed    in    a    state    of  irri- 
tation   and    hostility,    and    in    fomenting    dissatisfaction 
with      all      the      laws,"     &c.        Those      charges     were 
untrue.     They    cannot    be    applied    to   the    chief  labour 
leaders  and  officials  of  that  day,  the  men  mostly  foremost 
in   the  agitation  which   the   Employers'    Federation   was 
formed   to  crush,   such    men    as  William    Allan,   Daniel 
Guile,  Robert  Applegarth,  John   Kane,  Alexander  Mac- 
donald,  George  Odger,  George  Shipton,  Robert  Knight, 
and  others  then  prominent  in  the  labour  movement. 

16.  A  Modicum  of  Praise. — Mingled  with  such  charges 
as    have    been    adverted    to,    the    "  statement "    paid    us 
compliments  as  to  ability,  influence  with  ministers,  mem- 
bers of  Parliament,  with  the  public,   in  the  Press,  &c.  ; 


ASSOCIATED   EMPLOYERS   OF   LABOUR         315 

gave  us  credit  for  "energy  and  devotion";  "high 
qualities  of  foresight,  generalship,  and  present  self- 
sacrifice  for  the  sake  of  future  advantage,"  &c.  But 
the  notion  was  that  we  were  a  self-seeking  lot  ;  that 
personal  gain,  or  ambition,  governed  all  our  actions. 
Such  was  the  position  of  the  two  contending  parties, 
the  attitude  of  the  Employers'  Federation  towards  the 
workmen's  representatives,  when  the  Employers'  Feder- 
ation put  forth  its  manifesto. 

17.  Literary    Helpers.  —  There    is    no    need    to    deal 
further,   in    detail,   with    the    employers'   statement.       It 
quotes  extracts  from  the   Beehive  newspaper  in  support 
of  the  views  therein   expressed.     But   newspaper  articles 
are  not  to  be  taken  too  seriously.     They  are,  after  all, 
but  the  utterances  of  one  man,  and  that  man  often  not 
the  best  informed  upon  the  subject  on  which  he  writes.     In 
the  quotations  given,  however,  there  is  little  to  complain 
of,  though  the  Employers'  Federation  thought  that  the 
lessons   conveyed   were   hostile    to    them.     Reference    is 
made  to  the  "  cases,"  "pamphlets,"  "report,"  "speeches," 
and  "  newspaper  articles  "  prepared  by  me,  and  published 
by  the  authority  of  the  Parliamentary  Committee,  and  or 
the  intention  of  the  Federation  to  reply  to  such  ;  and  also 
to  the  writings  of  such  men  as  Messrs.  Hughes,  Harrison, 
Crompton,   Beesly,  and    others,   in   support  of  Labour's 
plea  for  just  and  equal  laws.      This  gem  I  may  quote  : 
"They  have,  through  their  command  of  money  (!),  the 
imposing  aspect  of  their   organisation  ;  and  partly,  also, 
from  the   mistaken  humanitarian  aspirations  of  a  certain 
number  of  literary  men  of  good  standing,  a  large  array 
of  literary  talent,  which  is  prompt  in  their  service  on  all 
occasions  of  controversy.     They  have  their  own  press  as 
a  field  for  these  exertions.     Their  writers  have  free  access 
to  some  of  the  leading  London  journals."     It  would  be  a 
pity  for   the  above  delicious    morsel   to  be  doomed  to 
oblivion. 

1 8.  Rules  of  Employers"  Federation. — The  rules   were 
drafted  with  the  view  of  governing  a  permanent  body, 
and  were  expressed  in  clear    and   concise  language,   the 


316  LABOUR   LEGISLATION 

objects  being  of  a  moderate  character,  thus  :  "  To 
promote  and  maintain  such  relations  between  Capital 
and  Labour  as  will  secure  perfect  freedom  for  both." 
The  contributions  were  levied  at  the  rate  of  53.  per 
j£ioo  of  the  average  wages  paid  weekly,  with  an 
entrance  fee  of  55.  on  the  same  basis.  Provision  was 
made  for  the  resignation  of  members  or  firms,  and  for 
expulsion,  if  deemed  to  be  necessary.  There  was  nothing 
to  condemn,  or  even  to  adversely  criticise  in  the  consti- 
tution and  rules  of  the  Employers'  Federation,  the  whole 
being  in  good  taste  and  tone,  as  compared  with  the 
statement  of  objects,  &c. 

19.  Memorial  to  the   Home  Secretary. — The   memorial 
of  the  Employers'  Federation  to  the  Home  Secretary  is  a 
very  long  document,  covering  some  ten  or  twelve  large 
8vo  pages.     It  traverses  the  whole  of  the  memorial  pre- 
sented by  the  Parliamentary  Committee,  and  the  remarks 
made  by  the  deputation  which   presented  it.     It  quotes 
provisions  in  Acts  of  Parliament,   cases  decided  by  the 
Courts,  paragraphs  from  reports  of  Royal  Commissions, 
speeches  by  Messrs.  Bryce,  Hughes,  Odger,  Howell,  and 
others,  and  also  various  passages  in  our  reports.     Gene- 
rally the   memorial  opposed    interference  with    the   laws 
as    they    stood,    relating    to     conspiracy,     Master     and 
Servant,  the  Criminal  Law  Amendment  Act,  and  other 
statutes. 

20.  Mr.   Crompton  s  Reply  to  Employers'   Memorial. — 
The  Employers'  Memorial  was  evidently  prepared  by  an 
acute  lawyer,  one  probably  not  much  in  sympathy  with 
the  workmen's  demands.     The  Parliamentary  Committee 
therefore   requested   Mr.  Henry  Crompton  to  prepare  a 
report  thereon,  to  be  presented  to  the  Trades  Congress, 
to  be  held  in  Sheffield  in  January,  1874.       Mr.  Crompton 
consented,  and  his  report,  together  with  letters  from  the 
Times    newspaper,    by    Mr.    R.   Raynsford    Jackson,    the 
chairman  of  the  Executive  Committee  of  the  Federation 
of  Employers,  and  by  Mr.  Crompton  in  reply  thereto,  was 
published    by  me,    as    "  Tracts    for   Trade   Unionists. — 
No.   IV.,"   printed   "  by  order  of  the    Sheffield    Trades 


ASSOCIATED   EMPLOYERS  OF   LABOUR        317 

Union  Congress,  by  the  Parliamentary  Committee." 
The  pamphlet  is  too  long  even  to  be  summarised  here, 
consisting  as  it  does  of  twenty-two  pages  of  closely 
printed  matter.  The  most  that  I  can  venture  to  do, 
is  to  indicate  its  character  and  tone. 

2 1 .  Mr.    Crompton    begins    by    indicating    what,    in 
general    terms,    the     memorial    of  the    employers    con- 
sisted   of,    and    contended    for,    and    its    limitations    to, 
chiefly,  the  Criminal  Law  Amendment  Act,  the  Master 
and  Servant  Act,  and  the  Law  of  Conspiracy.     It  dealt 
largely  with  the  law  as  it  stood  prior  to  the  appointment 
of  the  Royal   Commission  on  trade  unions,  and  certain 
judicial    decisions.       But    he    reminds    the    memorialists 
that  "  some  of  the  most  important  judicial  decisions,  like 
that   of  Vice-Chancellor   Malins,  which  brought  matters 
to  a  climax,  and  that  of  Mr.  Justice  Lush,  which  declared 
picketing  to  be  perfectly  legal,"  were  omitted.     He  also 
refers  to  the  action  in  the  House  of  Commons  of  Mr. 
Russell  Gurney,  Recorder  of  London,  and  to  the  declara- 
tion  of   Mr.    Bruce    as    to    the    effect    of    the    Lords' 
amendment  to  the  Act  of  1871. 

22.  His  Final  Judgment. — Mr.  Crompton  said  of  the 
memorial    that    "  the    quotations    made,    chiefly    Parlia- 
mentary,   not  judicial,   are   so  one-sided   as  •  entirely  to 
negative  the  claim  of  employers  to  an  impartial,  or  to 
use  their  own  word,  to  an  c  imperial '  treatment  of  these 
questions.     There  is  not  a  single  allusion  from  first  to 
last    to    the   wrong   and    unjust    convictions   that    have 
occurred.     They  do  not  say  whether  they  approve    or 
disapprove  of  such  convictions  as  that  of  Turk  at  Ham- 
mersmith.    They  preserve  a  complete  silence.     They  do 
not  even  attempt  to  deal  with  the  facts  which  have  been 
proved  to  exist."     After  an  able  and  exhaustive  reply  to 
all  the  legal  and  technical  points,  he  adds  :   "  Such  is  the 
memorial  of  the  Federation  of  Employers.     It  can  have 
no  prejudicial  effect  upon   the  cause  we  have  at  heart. 
It    is   too    feeble,    too   one-sided,    too    ignorant   of    the 
principles  and    practice  of  the    Criminal    Law."      This 
was  Mr.  Crompton's  final  judgment  upon  the  Memorial. 


3i8  LABOUR   LEGISLATION 

23.  Organised  Capital  and  Labour  Face  to  Face. — The 
preceding  pages  in  this  chapter  indicate  the  position  in 
1873,  and  thenceforward,  until  the  Labour  Laws  were 
passed  in  1875.  The  two  parties,  representing  capital 
and  labour  respectively,  were  face  to  face.  Never  before, 
no,  nor  since,  were  employers  of  labour  in  all  the  great 
industries  so  well  organised,  so  united,  so  powerful  in 
wealth,  influence,  and  numbers,  as  then.  It  was  not 
merely  an  organisation  to  resist  advances  in  wages, 
reductions  in  the  hours  of  labour,  or  other  labour  move- 
ments ;  but  a  combination  to  impede,  frustrate,  and 
obstruct  progressive  legislation  in  favour  of  equal  rights, 
just  laws,  and  the  impartial  administration  of  law  in 
courts  of  justice.  Of  course  they  did  not  so  regard  their 
action.  They  believed  that  we  wanted  other  things 
unjustifiable  in  character  and  injurious  to  trade.  As 
the  sequel  will  show,  we  won  ;  not  because  of  our  superior 
organisation,  or  numbers,  or  resources,  but  because  we 
convinced  the  legislature  that  our  demands  were  just  and 
right.  It  was  a  long  and  tough  struggle,  but  it  ended 
without  bitterness  eventually.  The  forces  arrayed  against 
each  other  did  in  reality  represent  employers  of  labour 
on  the  one  hand,  and  on  the  other  the  great  mass  of  the 
workmen,  though  the  battle  was  waged  collectively  by 
trade  unions  alone,  their  chosen  leaders  voicing  the 
demands  of  the  entire  body. 


CHAPTER    XXXI 

MINISTERIAL    CHANGES FRESH    CONVERTS NEW 

DEPARTURES 

r  I  "HE  ministerial  crisis  in  1873  indicated  not  only 
rifts  in  the  Cabinet,  but  also  the  probable  break-up 
of  Mr.  Gladstone's  Government  at  an  early  date.  Their 
labour  policy,  if  they  had  one,  was  regarded  with  dis- 
favour by  employers  and  denounced  by  workmen.  It 
was  well  known  that  dissensions  existed  in  the  Cabinet ; 
rumour  attributed  these  to  various  causes,  one  of  which 
was  the  labour  question.  This  was  true,  but  to  what  ex- 
tent was  then  unknown.  That  it  affected  the  situation  is 
shown  by  what  followed  at  an  early  date.  I  learned  some 
of  the  facts  at  the  time  from  two  Cabinet  ministers, 
and  from  one  other  holding  a  high  appointment  in  the 
Government,  though  not  in  the  Cabinet.  In  all  essentials 
they  agreed. 

i .  Ministerial  Changes. — Mr.  Bruce  was  made  a  peer,  as 
Lord  Aberdare.  Upon  his  retirement  from  the  Home 
Office  Mr.  Robert  Lowe  became  Home  Secretary  in  his 
place.  Sir  George  Jessel  became  Master  of  the  Rolls, 
and  Mr.  Henry  James  was  appointed  Solicitor-General. 
Later  on  Sir  John  Coleridge  became  Lord  Chief  Justice, 
when  Sir  Henry  James  was  made  Attorney-General  ;  and 
subsequently  Mr.  Harcourt  became  Solicitor-General,  and 
Sir  William  Harcourt.  Some  other  official  changes  were 
made  which  we  need  not  deal  with.  The  labour  leaders 
regarded  the  promotion  of  Sir  Henry  James  and  Sir 
William  Harcourt  to  the  position  of  Law  Officers  of  the 


319 


320  LABOUR   LEGISLATION 

Crown  as  a  distinct  gain  to  the  cause  of  labour.  As 
regards  Mr.  Lowe  we  had  at  first  some  misgivings,  for 
we  still  remembered  his  opposition  to  enfranchisement, 
when  Mr.  Gladstone  introduced  his  Reform  Bill  in  1866. 

2.  Correspondence  with  Mr.  Gladstone. — In  consequence 
of  the  unsatisfactory  character  of  Mr.  Bruce's  reply  to  the 
deputation  of  members  of  the  Trades  Congress  Parlia- 
mentary Committee,  and  other  representatives  of  trade 
unions,  on  June  13,  1873, tne  above  Committee  instructed 
me  to  write  personally  to  Mr.  Gladstone  and  ask  him  to 
receive    a   deputation    about    the    middle    of  July,    with 
reference  to  "(i)  The  Criminal  Law  Amendment  Act, 
1871  ;  (2)  The  Master  and  Servant  Act,  1867,  especially 
the   1 4th  section  ;  (3)  The  Conspiracy  Laws,  as  recently 
put  in  force  against  combinations  of  workmen  ;   (4)  The 
Compensation  to  Workmen  Bill ;  and  (5)  The  Payment 
of  Wages  Bill,"  the  three  first  especially. 

3.  Mr.   Gladstone's  Reply. — My  letter  was  dated  June 
1 8,  1873.     On  Juty  Ist  I  received  the  following  reply  :— 

"DEAR  SIR, — The  three  questions  on  which  you 
desire  to  see  me  are  of  great  importance,  some  of  them  of 
considerable  complication,  involving  legal  points  of  great 
nicety,  and  none  of  them  are  under  my  immediate 
management.  A  conversation  with  me  upon  them  would 
at  this  stage  be  unprofitable,  for  I  should  not  be  able 
adequately  to  discuss  your  views  and  those  of  the  Com- 
mittee on  behalf  of  which  you  write.  But  if  you  will 
kindly  furnish  me  with  the  several  propositions  which 
you  urge,  I  will  communicate  upon  them  with  those 
members  of  the  Government  who  are  specially  com- 
petent and  concerned,  and  afterwards  further  with  your- 
self should  there  be  occasion. 

"  I  remain,  dear  sir,  your  faithful  servant, 

"  W.  E.  GLADSTONE. 

"  MR.  G.  HOWELL." 

4.  Reply  to  Mr.  Gladstone:  Statement  of  "  Propositions" 
— After  consultation  with  my  Committee,  I  replied  in 


FRESH   CONVERTS  321 

detail  to  Mr.  Gladstone's  letter  as  desired  by  him.  After 
expressing  regret  at  not  being  granted  a  personal  inter- 
view, at  which  "  many  points  'could  be  put  and  answered 
in  conversation  with  much  more  ease  and  more  fully  than 
in  a  letter,"  I  proceeded  to  say  (i)  that  "the  Criminal 
Law  Amendment  Act  had  been  condemned  by  the 
Trades  Union  Congress,  and  by  working  men  generally 
at  public  meetings  held  in  all  parts  of  the  country." 
"  Repressive  and  coercive  measures  to  be  applied  to  one 
class  only  of  the  community,  namely,  the  industrial  class," 
I  condemned,  and  added  :  "  The  only  case  made  out  for 
this  Act  was  what  had  occurred  at  Sheffield.  These  we 
all  condemned,  and  we  were  the  first  to  demand  official 
investigation  with  regard  to  them.  If  it  be  necessary 
that  some  provision  other  than  the  ordinary  Statute 
Criminal  Law  of  the  land  should  be  made  for  rattening, 
such  provisions  could  well  be  made  in  the  Malicious 
Injury  to  Property  Act,  24  &  25  Viet.,  c.  97,  which  Act 
is  general  and  not  special." 

5.  Coercion  Condemned. — "  The  same  will  apply  to  all 
cases  of  positive  coercion.     This  Committee  condemn  all 
kinds  of  coercion  and  intimidation  ;  and  those  cases  not 
met   by  the  ordinary  law  of  assault  could  well   be  met 
by  the  Offences  against  the  Person  Act,  24  &  25  Viet., 
c.  100."     It  is  well  to  remember  that  the  declaration  in 
the  above  sentence  against  coercion  and  intimidation  was 
expressly  endorsed  by  the  Parliamentary  Committee  and 
by  the  Sheffield  Trades  Congress.     It  was  contended  that 
"  picketing  was  not  unlawful,  and  should   not  be  made 
illegal.     Picketing   does  not  imply  coercion  or  force  of 
any  kind,  much  less  intimidation.     There  is  not  a  trade 
society  in  the  kingdom  which  in  any  way  sanctions  overt 
acts.     We  desire  to  act  within  the  law,  but  we  do  expect 
the  law  to  be  just  and  impartial." 

6.  Conspiracy  Laws. — As  regards  the  Conspiracy  Laws 
the  letter  expressed  satisfaction  "with  the  Bill  of  Mr. 
Vernon   Harcourt,"   at  the  same  time  adding  that    the 
impression  of  the  Committee  was  that  the  Government 
intended  to  prevent  prosecutions  for  conspiracy  by  the 

22 


322  LABOUR   LEGISLATION 

clauses  inserted  in  both  the  Trade  Union  Act,  1871,  and 
the  Criminal  Law  Amendment  Act,  I87I.1  That, 
indeed,  was  our  impression,  and  in  our  interviews  with 
Mr.  Bruce  and  other  members  of  the  Government  and 
with  members  of  the  House  of  Commons,  we  understood 
that  the  Government  had  so  intended.  If  we  were 
deluded,  it  was  because  we  were  too  trustful  in  promises  of 
statesmen  and  'politicians. 

7.  Contract  of  Service. — With  respect  to   the   Master 
and  Servant  Act,  1867,  the  Committee  had  limited  them- 
selves   to    the    repeal    of   §  14.     The    desire    was    that 
breaches  of  contract   between  employers   and    workmen 
should  be  treated  as  civil  offences,  as  in  all  other  cases. 
The  letter  went  on  to  say  that  the  Committee  would  have 
desired  to  say  a  word  in  favour  of  passing  a  Compensa- 
tion for  Injuries  Act,  as  was  promised  by  the  President  of 
the  Board  of  Trade,  and  of  the  Payment  of  Wages  Bill. 
It  concluded  by  thanking  Mr.  Gladstone  for  his  letter, 
and  expressing  a  hope  that  some  measure  would  be  passed 
for  securing  the  objects  stated. 

8.  Mr.    Gladstone's   Reply. — Mr.   Gladstone's    private 
secretary  said  :   "  Mr.  Gladstone  desires  me  to  acknow- 
ledge the  receipt  of  your  letter  of  the  I5th  instant  (July, 
1873),  and  of  the  enclosed  communication.    In  accordance 
with  the  undertaking  given   by   Mr.  Gladstone,  in    his 
letter  of  the  ist  instant,  he  will  proceed  to  communicate 
the  views  of  the  Committee  to  such  of  his  colleagues  in 
Her  Majesty's  Government   as   are   specially   competent 
and  concerned  in  these  matters." — Signed,  J.  A.  GOD  LEY, 
dated  July   i6th.     G.   Ho  WELL,   Esq.     It  will   be  seen 
that  we  made  no  progress  by  this  correspondence.     But 
we  had  placed  our  case  before  Mr.  Gladstone  personally, 

1  For  criminal  conspiracies  in  connection  with  labour  combinations 
of  workmen,  trade  unions,  &c.,  see  "  The  Law  of  Criminal  Con- 
spiracies and  Agreements,"  by  R.  S.  Wright,  1873,  Section  II., 
§§  12,  13,  and  14  especially.  In  this  valuable  work  will  be  found 
the  several  cases  which  had  been  before  the  courts  up  to  that  date, 
all  of  which,  except  that  of  Bunn  (Gas  Stoker's  Case,  1872),  were 
anterior  to  the  Trade  Union  Act,  1871.  Some  of  those  cases  were 
referred  to  in  the  Report  on  the  Labour  Laws,  1875. 


FRESH   CONVERTS  323 

and  we  knew  this  much  of  him,  that  he  would  not  pass 
the  matter  idly  by.  As  Prime  Minister  he  could  not 
ignore  the  subject. 

9.  Mr.  Lowe  as  Home  Secretary. — Almost  immediately 
after   the  appointment   of    Mr.   Robert  Lowe  as  Home 
Secretary,  I  had  occasion  to  address  a  letter  to  him  (dated 
August  20,  1873)  calling  his  attention  to  a  defect  in  the 
Trade    Union    Act,    1871,    §12.     It    provided    that    if 
any  officer  or  other  member  withheld  or  appropriated  any 
funds  or  documents,  "  the  court  of  summary  jurisdiction 
for  the  place  in  which  the  registered  office  of  the  trade 
union  is  situate,"  &c.,  may  order  such  officer  or  member 
to  deliver  up  the  same.     It  was  pointed  out  that  it  had 
already  been  ruled  that  the  summons  must  be  taken  out 
and  heard,  in  the  place  where  the  registered  office  was 
situate.     Thus,   if  a  member  of  the   Engineers'  Society 
committed   an  offence  in  Carlisle,  he  would  have  to  be 
summoned  to  appear  at  Southwark,  in  which,  at  that  date, 
the  chief  office  was  situate.     Mr.   Lowe  was  reminded 
that  the  Secretary  of  State  had  power  to  make  regulations 
generally  for  carrying  the  Act  into  effect.     In  a  letter, 
dated  August  23rd,  Mr.  Lowe,  through  Mr.  A.  J.  O. 
Liddell,    acknowledged    the    receipt    of    my    letter,    and 
promised  that   it  should    have    his    consideration.     In  a 
further  letter,  dated  October  3rd,  through  Mr.  Henry 
Winterbotham,  Mr.  Lowe  informed  me  that  the  section 
complained  of  was  taken  from  §  24  of  the  Friendly  Societies' 
Act   (18    &    19    Viet.,    c.    63).     He  acknowledged   the 
difficulty,  and  promised  "  to  concur  in  remedying  it." 

10.  Suggested  Deputation  to  Mr.  Lowe. — On  October 
28th  I  addressed  a  further  letter  to  Mr.  Lowe,  in  which 
I    mentioned    that    several  cases  had  occurred  in  which 
defaulters  had  been  allowed  to  go  free,  in  consequence  of 
the  difficulties  in  the  way  of  prosecution,  under  §  12  of 
the  Act,  and  I  suggested  a  way  in  which  the  Home  Office 
could  remedy  the  defect  by  c<  regulation,"  in  conformity 
with  the  provision  in  §  7  of  the  Trade  Union  Act.     On 
the  following  day,  October  29th,  Mr.  Thomas  Hughes 
called  upon   me  and  suggested  that  I   should   ask    Mr. 


324  LABOUR   LEGISLATION 

Lowe  to  receive  a  deputation  on  the  subject  of  the 
Labour  Laws  generally.  I  demurred,  unless  I  was  assured 
that  Mr.  Lowe  would  consent.  Mr.  Hughes  said,  "  I 
think  it  is  all  right  ;  but  go  down  to  the  Home  Office, 
and  see  Lord  Edmond  Fitzmaurice."  In  full  reliance 
upon  what  Mr.  Hughes  said,  I  went.  I  saw  Lord 
Edmond  Fitzmaurice  at  the  Home  Office,  with  the  result 
that,  then  and  there,  I  wrote  a  short  letter  asking  Mr. 
Lowe  to  receive  a  deputation  on  the  subject  of  "  the  Laws 
of  Conspiracy,  the  Master  and  Servant  Act,  the  Criminal 
Law  Amendment  Act,  and  the  defect  in  the  Trade  Union 
Act,  to  which  I  have  already  called  your  attention." 
This  letter  was  taken  to  Mr.  Lowe,  and  his  assent  was 
at  once  given.  His  formal  consent  was  given  in  a  letter 
dated  November  ist,  when  he  appointed  November  5th, 
at  4  p.m.,  to  receive  a  deputation  of  about  <c  six  or  eight 
persons." 

ii.  Deputation  to  Mr.  Lowe. — On  the  same  date,  I 
wrote  thanking  Mr.  Lowe,  through  Lord  Edmond  Fitz- 
maurice, in  which  I  said  :  "  The  members  of  our 
Committee  who  will  attend  the  deputation  will  be  five, 
viz.,  Mr.  Alex.  Macdonald,  chairman  ;  Mr.  Daniel 
Guile,  vice-chairman  ;  Mr.  William  Allan,  treasurer  ; 
myself,  as  secretary  ;  and  Mr.  George  Odger,  a  London 
member  of  the  Committee.  In  addition  to  these  we 
sincerely  hope  that  the  Home  Secretary  will  not  object  to 
our  inviting  Mr.  Thomas  Hughes,  M.P.,  who  will  intro- 
duce the  deputation  ;  Mr.  Vernon  Harcourt,  M.P.,  who 
took  charge  of  our  Conspiracy  Bill  in  the  House  of 
Commons  ;  Mr.  Mundella,  M.P.,  who  took  charge  of 
the  Bill  to  repeal  the  Criminal  Law  Amendment  Act  ; 
Mr.  Hinde  Palmer,  M.P.,  and  Mr.  Frederic  Harrison." 
I  asked  for  the  presence  of  these  gentlemen  because,  <c  in 
all  probability,  several  legal  points  of  great  nicety  will  be 
raised,  and  it  will  be  of  great  service  to  us  to  have  their 
valuable  knowledge  and  aid  at  such  an  important  inter- 
view." I  also  asked  that  we  might  have  a  reporter 
present.  Mr.  Lowe  assented  to  the  increase  in  the 
number  of  the  deputation,  in  a  letter  by  Lord  Edmond 


FRESH    CONVERTS  325 

Fitzmaurice,  dated  November  3rd,  and  also  to  there  being 
a  reporter — further  he  assented  to  press  reporters  being 
present.  This  letter  was  sent  by  special  messenger,  as 
was  my  reply  of  thanks,  on  the  same  date,  for  the  time 
was  pressing,  and  much  had  to  be  done. 

1 2.  The  Interview. — At  the  suggestion  of  Lord  Edmond 
Fitzmaurice,  I  had  supplied  Mr.  Lowe  with  what  lawyers 
would  call  a  brief.     I  made  it  as  full,  yet  concise,  as  I 
could.     Every  point  was  clearly  put,  with  our  reasons  for 
the  changes  in  the  law  which  we  desired.     It  was  a  matter 
of  surprise  to  the  deputation  that  Mr.  Lowe  had  such  a 
grasp  of  the  whole  question  in  all  its  aspects.     The  above 
is    the    reason.     Mr.  Lowe    had   evinced    a  sympathetic 
desire    to    understand    the    questions    at    issue  ;    we  had 
nothing  to  hide  ;    knowledge  was  wanted,  for  we  were 
convinced  that  our  demands  were  just. 

13.  The  Deputation  :  Mr.  Hughes,  M.P. — Mr.  Vernon 
Harcourt  was  not  present,  owing  to  circumstances.     Sir 
Henry  James  was  already  a  Law  Officer  of  the  Crown, 
and   Mr.   Harcourt  was  expected    to    be    appointed  the 
other  at  an  early  date.     Mr.  Henry  Crompton  attended 
in  the  place  of  Mr.  Frederic  Harrison.     According  to  the 
official  report,  Mr.  Hughes,  who  introduced  the  deputa- 
tion, said  u  that,  as  regards  recent  legislation,  as  interpreted 
by  judges  in  the  superior  courts  and  by  police  magistrates, 
things  were  in  a  very  unsatisfactory  state."     He  went  on 
to  state  that  all  that  was  wanted  was  that  the  law,  in  all 
cases,  should  be  general,  just,  and  fair.     That  the  punish- 
ment for  offences  should  be  the  same  for  all  classes  of 
citizens  for  the  same  offence.      There  should  be  equal 
laws,  and  no  special  penalties. 

14.  Mr.  Howell's  Statement  of  Case. — Mr.  Hughes  then 
called  upon  "  Mr.  George  Howell,  the  secretary  of  the 
Committee,  to  state  their  own  case."     Mr.  Howell,  after 
some  preliminary  remarks,  said,  "  We  are  anxious  at  the 
outset  to  state  that  we  do  not,  and  never  did,  countenance 
or  excuse  acts  of  violence  to  persons,  or  injury  of  any 
kind  to  property,  by  whomsoever  committed.     We  ask 
no  exceptions  in  legislation  from  that  applying  to  any 


326  LABOUR   LEGISLATION 

other  citizen,  but  we  do  ask  to  be  placed  on  an  equality. 
We  simply  urge  such  amendments  in  the  law  as  we  feel 
are  quite  in  accordance  with  the  whole  tone  and  tenor  of 
modern  legislation,  and  especially  of  such  legislation  as 
has  been  attempted,  and  in  many  instances  carried  by  the 
present  Government."  He  then  went  seriatim  over  the 
several  matters  mentioned  in  arranging  the  deputation, 
viz.  :  (i)  The  Trade  Union  Act,  1871,  §  12,  as  regards 
defaulting  officers,  &c.  ;  (2)  The  Criminal  Law  Amend- 
ment Act,  1871,  urging  its  repeal;  (3)  The  Conspiracy 
Laws,  in  support  of  Mr.  Vernon  Harcourt's  Bill  ; 
(4)  The  Master  and  Servant  Act,  especially  §  14. 

15.  Messrs.  Macdonald,  Guile,  and  Qdger. — Mr.  Alex. 
Macdonald  addressed  the  Home  Secretary  on  the  subject 
of  the  Master  and  Servant  Act,   1867,  condemning  the 
penal  character  of  some  of  its  sections,  and  generally  the 
way   in    which    the    Act    was  administered.     Mr.  Guile 
dealt  with  the  subject  of  "  Picketing,"  and  Mr.  Odger  on 
the  subject  of  u  Intimidation." 

1 6.  Messrs.    Mundella    and    Palmer. — Mr.    Mundella 
addressed    the   Home    Secretary  on    the  subject    of   the 
Criminal   Law  Amendment  Act,   1871,   citing  cases  and 
making  observations  thereon,  and  Mr.  Hinde  Palmer  on 
the    inequalities    of    its    operation    bearing    heavily     on 
workmen,  and  not  in  any  way  touching  employers.      Mr. 
Lowe  made  the  interview  a  conversational  one,  informal, 
as  compared  with  most  deputations  ;  he  asking  questions 
always  relevant  and  pertinent  to  the  subject,  to  which  the 
speakers  severally  replied. 

17.  Mr.    Lowes   Reply. — Mr.    Lowe,    in  reply,  said, 
"  I   have    listened   with    great    interest,    and    with   great 
profit,  I  hope,  to  your   observations,  and  I  must  express 
my  thanks  to  you  for  the  clearness  with  which  you  have 
stated   your  case.     I  can  assure  you  that  this  subject  has 
engaged   my  very  serious  attention,  and  will  continue  to 
do  so.     The  subjects  you  have  brought  before  me  are  well 
worthy  of  the  attention  of  the  Government  ;  and  I  will 
carefully  consider,  to  the  best  of  my  ability,  the  statements 
you  have  made  to-day,  and  hope  to  come  to  some  con- 


FRESH   CONVERTS  327 

elusion  which  may  be  satisfactory  to  the  interests  concerned. 
At  present  I  am  not  able  to  say  more  to  you  than  that  I 
will  take  the  matter  into  careful  consideration."  Mr. 
Hughes  thanked  the  Home  Secretary  "  for  his  courtesy 
and  attention,  and  the  deputation  retired." 

1 8.  Impressions  respecting  the  Interview. — The  feeling 
with  respect  to  the  interview  with  Mr.  Lowe  was 
decidedly  favourable  among  those  who  formed  the  deputa- 
tion. That  feeling  was  shared  by  the  Parliamentary 
Committee  when  the  proceedings  were  reported  to  them, 
and  also  by  the  officials  of  trade  unions,  when  the  printed 
report  was  circulated  amongst  them.  There  was  in  the 
minds  of  those  of  us  who  had  been  in  close  contact  with 
the  two  Home  Secretaries,  a  comparison,  a  contrast. 
Mr.  Bruce  was  kind-hearted,  and  also  sympathetic,  when 
in  personal  contact ;  but  he  was  weak  as  a  Minister.  He 
wavered,  not  to  say  wobbled — was  not  always  consistent. 
Mr.  Lowe  had,  perhaps,  less  of  personal  sympathy  in  his 
nature,  but  he  knew  his  own  mind  and  was  not  to  be 
deterred  when  he  had  come  to  a  decision.  During  the 
few  months  that  he  had  been  at  the  Home  Office  he  had 
gone  into  and  fully  mastered  the  whole  question  of  the 
Labour  Laws  as  then  discussed,  and  knew  the  demands  of 
the  labour  leaders  and  their  friends  in  relation  thereto. 
He  had  become  familiar  with  the  "  cases  "  submitted  to 
Mr.  Bruce,  and  had  evidently  taken  pains  to  obtain  a 
clear  view  of  the  legal  aspects  and  bearings  of  the  several 
decisions  by  judges  and  magistrates,  to  which  reference 
had  been  made  by  representatives  of  the  workmen,  in 
deputations  to  Ministers,  in  reports,  and  in  the  newspaper 
press. 


CHAPTER   XXXII 

CHANGED      CONDITIONS EMPLOYERS*      FEDERATION 

SHEFFIELD    TRADES    CONGRESS 

MR.  LOWE  succeeded  Mr.  Bruce  as  Home 
Secretary  on  August  8th.  Mr.  Henry  James, 
Q.C.,  was  gazetted  Solicitor-General  on  September  26th. 
On  November  1 5th  Sir  Henry  James  became  Attorney- 
General,  and  Mr.  Vernon  Harcourt  succeeded  him  as 
Solicitor-General.  The  two  latter  gentlemen  had  identified 
themselves  with  the  labour  cause  in  the  House  of 
Commons  prior  to  their  appointment,  and  Mr.  Lowe 
evinced  a  kindly  interest  in  the  subject  soon  after  his 
appointment. 

i.  Press  Comments  and  Public  Opinion. — The  news- 
paper press,  as  a  general  rule,  was  not  favourable  to  the 
workmen's  demands.  The  appointment  of  the  new  Law 
Officers  of  the  Crown  indicated  a  change  of  policy  ;  the 
attitude  of  the  new  Home  Secretary  seemed  to  confirm  it. 
The  Press,  the  public,  and  the  Employers'  Federation 
took  this  view,  and  wrote  and  spoke  accordingly.  The 
Globe,  on  November  6,  1873,  supported  the  workmen's 
view  as  regards  the  amendment  of  the  Trade  Union  Act, 
§12,  but  ignored  all  the  other  questions  submitted  to  the 
Government.  The  Evening  Standard  of  the  same  date 
sneeringly  referred  to  the  deputation,  tried  to  belittle 
the  labour  leaders,  and  predicted  that  no  Act  would  be 
repealed  such  as  those  referred  to  by  the  deputation. 
Within  two  years  of  that  date  the  Acts  adverted  to  were 

328 


SHEFFIELD  TRADES  CONGRESS  329 

repealed,  and  that,  too,  by  the  Tory  Party.     Circumstances 
alter  cases. 

2.  The    Employers'    Federation. — The    reports   of    the 
deputation  to  Mr.  Lowe,  together  with  the  recent  changes 
in  the  Government  of  Mr.  Gladstone,  had  a  disturbing 
effect  upon  the  Employers'  Federation.     That  body  re- 
printed our  report  of  that  deputation,  and  circulated   it 
among  its  members.     The  memorial  of  the  employers,  to 
which  allusion    has  been    made,   was  prepared    in    reply 
thereto.     Then   Mr.   Lowe,    the   new    Home    Secretary, 
was  requested  to  receive  a  deputation  from   the  federated 
employers,  to  which  he   consented.     The  interview  took 
place  on  December   13,   1873,  but,  as  it  was  private,  no 
reports   of  it  appeared  until  February  25,  1874,  when  a 
condensed    report    appeared    in    Capital  and  Labour^  the 
organ     of    the    Employers'     Federation.       An    abstract 
of  the   memorial    was    given    in    the   same    journal    on 
March  4th. 

3.  Employers'  Deputation. — The  employers'  deputation 
was    a  large   and  influential  one,  representing  numerous 
and  vast    industries,    in    which    were    employed    many 
thousands   of  workpeople   and    enormous    capital.      The 
speakers  included  Mr.   John  Robinson,  President  of  the 
Federation,  who  criticised  the  speeches  of  Mr.  Thomas 
Hughes,  M.P.,  Mr.  George  Howell,  Mr.  Alex.  Madonald, 
and  Mr.  Daniel   Guile.      Mr.   Robinson  contended  that 
no  case  had  been  made  out  for  the  repeal  or  amendment 
of  any  of  the  Acts  complained  of.     Mr.   R.   Raynsford 
Jackson,  Chairman   of  the  Executive    Committee,  spoke 
especially  against  picketing  ;  he  contended  that  the  object 
in  getting  rid  of  the  Criminal  Law  Amendment  Act  was 
to  enable   union  men   to  tyrannise  over  non-union  men. 
Referring  to  Mr.  Odger's  remarks  as  to  employers  using 
coercion,  Mr.  Jackson   denied  it.     Mr.  Bower,  of  Liver- 
pool,   and    Mr.    Morris,    of    Halifax,    expressed    similar 
views.       Mr.    Marshall,    of    Leeds,    argued    against    the 
repeal    of  §  14    of  the    Master   and  Servant  Act,  as  he 
deemed    imprisonment   for   workmen    a    necessity   under 
the    circumstances.     Sir    Thomas    Bazley,    M.P.,    Man- 


330  LABOUR   LEGISLATION 

Chester,  and  Mr.  Edmund  Potter,  M.P.,  Carlisle,  intro- 
duced the  deputation. 

4.  Mr .  Lowes  Reply. — Mr.  Lowe's  reply  was  to  the 
effect  that  he  had  not  committed  himself  to  the  workmen's 
view  at  their  deputation,  and  he  was  not  going  to  commit 
himself  now.     He    promised  to    carefully  consider  their 
memorial    and    the   views  expressed,    and    to    hold    the 
balance  evenly  as  between  the  two  parties.      The  attitude 
of  the  employers,  as  expressed  in  their  memorial,  and  in 
the  speeches  at  the  deputation,  was  that  of  no  surrender. 
They  contended  for  the   status  quo.     There  was  no  need 
for  the  repeal  of  Acts,  no  need  for  amendment ;  they  were 
equitable  and  fair  as  they  were.      Employers   could  be 
reached  by  litigation  ;  workmen   could   only  be   reached 
by  imprisonment.     This  was  the  gist  of  the  contention, 
though  the  summary  here  given  is  extremely  brief.     The 
"  statement,"  the  "  memorial,"  and  the  speeches  were  on 
the  same  lines. 

5.  The  Parliamentary  Committee's  Report. — It  was  my 
duty  to  prepare  the  Committee's  report  to  Congress  for 
the  year  1873.     In  the  introductory  remarks  reference  is 
made  to    the    rapid  growth  and   development    of    trade 
unionism  in  almost  every  branch  of  trade,  and  especially 
in  branches  of  industry  hitherto  badly  organised.     With 
an  increase  of  members  there  was  a  corresponding  increase 
in  funds.     Wages  had  been  advanced,  and  the  hours  of 
labour  reduced.    While  congratulating  Congress  upon  the 
progress  made,  the  Committee  counselled  "moderation  and 
prudence    in    all    movements."       This,    they    said,    was 
particularly  desirable  because  they    had  "  continually   to 
contend  with  misrepresentations  in  the  Press,  and  on  the 
platform,  but    the  Committee  had,    on  the   whole,  held 
their  own   by  setting  right  those  who  were  uninformed 
and    resenting  and  exposing  the   calumnies    of  the    un- 
scrupulous." 

6.  Points  in  the  Report. — The   report  then  treated  in 
detail  the  various  subjects  which  have  already  been  dealt 
with,  each  under  its  proper  head,  as  follows:   (i)  The 
Criminal  Law  Amendment  Act,   1871  ;  (2)  The  Master 


SHEFFIELD  TRADES  CONGRESS  331 

and  Servant  Act,  1867  ;  (3)  The  Laws  of  Conspiracy; 
(4)  The  Trade  Union  Act,  1871  ;  (5)  The  Compensa- 
tion to  Workmen  Bill  ;  (6)  Payment  of  Wages  (Truck) 
Bill  ;  (7)  Factories  Nine  Hours'  Bill  ;  (8)  Deputation 
to  Mr.  Lowe  ;  (9)  Publications — "  Tracts  for  Trade 
Unionists"  ;  (10)  The  Federation  of  Employers  ;  (n) 
Petitions  to  Parliament  ;  (12)  Parliamentary  Returns  ; 
(13)  Whips  to  Members  of  Parliament. 

7.  Jury    Laws  :     Jurisdiction    of  Magistrates. — Two 
other    subjects    were    reported    upon  :    (a)    The    Juries' 
Bill,    1873.     The   Government    Bill    for  the    reform  of 
the  Jury  Laws  was    carefully  considered  by  the  Parlia- 
mentary   Committee  as    soon    as  issued,  and    it    was  by 
them  strongly  condemned.     The    Committee  thereupon 
instructed  me  to  prepare  a  petition  against  it,  which  peti- 
tion was  signed  by  the  whole  of  the  Committee.     Mr.  J. 
Hinde  Palmer  consented  to  present  the  petition,  which 
he  did,  calling  the  attention  of  the  House  to  the  views 
therein    expressed.     The    Bill  was    not    proceeded  with, 
being   among   "  the  slaughtered   innocents,"   at    the  end 
of  the  Session.     The    report   says :    "  Your  Committee 
trust  that  no  attempt  to  alter  our  system  of  trial  by  jury 
will  be  permitted,  except  to  lower  the  qualification  so  as 
to  enable  workmen  to  discharge  the  duties  of  jurymen." 
(£)  The  other  subject  was  the  summary  jurisdiction  of 
magistrates.     A    motion  for    inquiry   by    Mr.   Auberon 
Herbert  was   unsuccessful.     On  this   subject  the  report 
says  :  "  The  sentence  upon  the  wives  of  the  agricultural 
labourers  at  Chipping  Norton,  for  alleged  intimidation, 
brought  the  question  before  the  public,  and  your  Com- 
mittee hope  that  strenuous  efforts  will  be  made  to  effect 
a  reform  in  the  mode  of  appointment  and  removal  of  the 
unpaid  magistracy  of  the  kingdom,  and  especially  with  a 
view  to  the  appointment  of  stipendiaries  in  all  parts  of 
the  country." 

8.  Standing  Orders  for  Congress. — The  Committee  pre- 
sented to  Congress,  as  part  of  their  report,  a  revised  code 
of   Standing  Orders,  for  the  government  of  its  sittings 
and  proceedings.     These  consisted  of  32  Orders,  but  as 


332  LABOUR   LEGISLATION 

two,  17  and  28,  were  nearly  identical,  the  former  was 
starred  to  be  omitted  in  favour  of  the  latter.  Those 
Standing  Orders  continued  to  govern  Congress  for  a 
period  of  a  quarter  of  a  century,  with  very  little  change 
in  form,  and  without  enlargement. 

9.  Questions   for     Candidates. — Inasmuch    as    it   was 
thought  probable  that  a  General  Election  was    not    far 
distant,   it  was  deemed    advisable    to   prepare    a   list    of 
questions  to  be  put  locally  to  any  candidate  who  aspired 
to  Parliamentary  honours.     These  consisted  of  ten,  nine 
as  enumerated  in  the  Parliamentary  Report,  and  as  to  a 
Merchant  Shipping  Bill    for   the  protection    of  seamen. 
Electors  were  urged  to  press  those  questions,  irrespective 
of  political  differences,  and  to  exact  pledges.     The  cir- 
cular says  :   "  Let  there   be  no  equivocation  ;  plain  and 
straightforward  replies  should  in   every   case   be   insisted 
upon,  and  exacted,  before  support  be  given  to  or  pro- 
mised   to    any    candidate."     The   working    classes   were 
urged    to   support    men  of  their    own  class,  if  able  and 
efficient,  wherever  such  were  selected  as  candidates  in  any 
constituency,  and  to  strive  to  place  them  at  the  head  of 
the  poll.     It  was  no  longer  a  question  of  political  parties, 
but  justice  to  labour,  which  inspired  those  questions. 

10.  Parliamentary   Programme  for   1874. — The  Com- 
mittee concluded  with  a  programme  which  they  submitted 
to  Congress  for  its  approval.     It  consisted  of  the  follow- 
ing items  : — 

(1)  Repeal  of  the  Criminal  Law  Amendment  Act,  1871. 

(2)  Alteration   of  the    Master  and  Servant  Act,  so  that  breach  of 
contract  shall  not  be  a  criminal  offence. 

(3)  Alteration   of  the  Law  of  Conspiracy,  in  accordance  with  the 
Bill  introduced  last  Session  by  the  present  Solicitor-General. 

(4)  Reconstruction  of  the   Small   Penalties   Act,    on  the  principle 
that  imprisonment  shall  only  be  used  as  a  method  of  enforcing  pay- 
ment after  failure  of  all  other  means,  and  as  a  last  resort. 

(5)  Question  of  limit  of  summary  jurisdiction  of  magistrates,  which 
deprives  citizens  of  the  right  of  trial  by  jury. 

(6)  Inquiry  by  Royal   Commission  as   to  laws  and  procedure  rela- 
ting to  summary  jurisdiction  ;  as  to  how  the  law  has  been  administered 
by  magistrates,  and  as  to  the  mode  of  appointment  and  removal. 

(7)  Reduction  of  qualification  of  jurymen  to  admit  workmen. 


SHEFFIELD  TRADES   CONGRESS  333 

(8)  A  Compensation  for  Injuries  to  Workmen  Bill. 

(9)  A  Factory  Nine  Hours'  Bill  for  women  and  children. 

(10)  An  Act  to  prevent  Truck,  by  weekly  payment  of  wages. 

(11)  A  Merchant  Shipping  Act,  to  prevent  loss  of  life  at  sea. 

1 1 .  Sixth  'Trades  Union  Congress,  Sheffield. — The  Sixth 
Trades'  Congress  met  in  Sheffield  on  January  12,  1874, 
and  continued  its  sittings  until  the  lyth,  the  whole  week, 
as   usual.     Mr.    Alex.    Macdonald,    as    chairman  of  the 
Parliamentary  Committee,  formally  opened  the  Congress. 
Mr.  George  Howell  then  read  the  Parliamentary  Com- 
mittee's Report,  the  essence  of  which  has  been  already 
given  in  the  preceding  pages.     He  also  read  the  financial 
report  and  balance  sheet,  from  which  it  appears  that  the 
total  income  for  the  year  1873,  including  balance  from 
last    Congress,    was    ^543    i8s.    6d.     The    expenditure 
amounted  to  ^3,93  «i^s.  4d.  ;  balance  in  hand  for  1874, 
^149    195.    2d/    Of    the    total    expenditure,    printing, 
stationery,    Parliamentary    Papers,     and    reporting    cost 
£132  193.  2d.  ;  postages  and  parcels,  ^67  135.  2d.     The 
cost  of  printing  and  circulating  the  "  Tracts  for  Trade 
Unionists,"  and  other  papers  and  reports,  is  included  in 
the  above  two  amounts.     Committee  meetings  and  dele- 
gations cost  £60  is.  6d.,  advertisements  £15,  office  rent, 
gas,  fuel,  salaries,  and  clerical  work,  ^118  55.  6d.     On 
Tuesday  morning,  January  I3th,  the  president  delivered 
his   address.     Mr.   A.   J.  Mundella,  M.P.,    Mr.  Samuel 
Plimsoll,  M.P.,  Professor  Goldwin  Smith,  Mr.  Frederic 
Harrison,  Mr.  Henry  Crompton,  and  Mr.  Lloyd  Jones 
were    present    at    the    meeting,  each  receiving   a  cordial 
welcome    from    the   delegates.     Several  local   gentlemen 
were   also    present. 

12.  Reports  and  Speeches. — The   Parliamentary  Com- 
mittee's  report  was  adopted,  as  was  also   the   auditors' 
report.     A  vote  of  thanks  to   the  Parliamentary  Com- 
mittee   for   their   arduous   work    in     1873    was    carried 
unanimously.     Mr.     Henry    Crompton    then     read    his 
paper?  on  the  Memorial  of  the    National   Federation  of 
Employers,  a  summary  of  which  has  been  given.     Mr. 
Crompton  was  heartily  thanked  for  his  paper,  which  the 


334  LABOUR   LEGISLATION 

Congress  resolved  to  print  and  distribute  to  the  trades. 
Mr.  Mundella  addressed  the  Congress  upon  the  Criminal 
Law  Amendment  Act,  and  gave  some  interesting  facts  as 
to  the  way  in  which  his  Bill  was  received  by  certain 
members  of  the  House  of  Commons.  Professor  Goldwin 
Smith,  Mr.  Frederic  Harrison,  and  others  addressed  the 
Congress. 

13.  Resolves    of   Congress. — The    programme    of    the 
Parliamentary  Committee,  after  each  item  being  discussed 
in   detail,  was   adopted,  the  only   divergence  of  opinion 
being  as  to  the  wording  of  some  of  the  resolutions,  some 
of  which  were  thought  to  be  too  mild  by  not  a  few  of  the 
delegates.     On  the  subject  of  the  Factories  Nine  Hours' 
Bill,  a  resolution  was  passed  in  strong  condemnation  of 
Mrs.  Fawcett's  letter  in  the  Times  of  June  8,  1873,  anc^ 
repudiating  the  statements  therein  made.     The  respective 
positions  of  shop  assistants,  and  of  postal  employees,  were 
considered,    and    resolutions    were    passed    in    favour    of 
measures  on  their  behalf.    It  was  also  resolved  to  promote 
and  support  labour  representation  in  Parliament,  and  a 
federation  of  the  trades. 

14.  The  New  Parliamentary  Committee. — As  the  work 
of  the  Parliamentary  Committee  had  become  important, 
and  some  honour  being  thought  to  attach  to  the  position, 
there  were  twenty-two  nominations  for  the  eleven  seats. 
Messrs.  Howell,  Odger,  Macdonald,  Guile  and  Allan  were 
re-elected,  in  the  order  given,  according  to  the  highest 
votes.    Mr.  Joseph  Arch  and  Mr.  H.  Broadhurst  were  for 
the  first  time  elected  on  the   Committee  ;  Messrs.  Kane 
(Darlington)  and  Owen  (Hanley)  were  defeated.     Liver- 
pool was  selected  as  the  town  in  which  to  hold  the  next 
Congress,    Glasgow,    Hanley,    Newcastle,    and    Oldham 
being  competitors. 

15.  General 'Resolutions  and  Special  Instructions. — Nume- 
rous resolutions  were  carried  relating  to  subjects  other  than 
those  given  in   the  Congress  Parliamentary  programme, 
but  the  only  new  subject  added  was  a  resolution  in  favour 
of  the   promotion  of   technical   education.      Apprentices, 
overtime,  piecework,  co-operation,  industrial  partnerships, 


SHEFFIELD  TRADES  CONGRESS  335 

arbitration,  convict  labour,  international  arbitration,  and 
some  other  questions  were  discussed,  and  resolutions 
thereon  carried.  The  Congress  specially  instructed  the 
Parliamentary  Committee  to  support  Mr.  Plimsoll  in  his 
efforts  to  ensure  the  safety  and  promote  the  welfare  of 
the  seafaring  class.  The  hon.  member  was  welcomed  at 
the  Congress  with  loud  and  prolonged  cheers.  By  that 
time  he  and  his  work  were  well  known  throughout  the 
country  ;  his  book,  "  Our  Seamen,"  had  been  placed  in 
the  hands  of  most  of  the  delegates. 

1 6.  Review  of  the  Situation. — The  Sheffield  Trades 
Congress  had  ended,  its  proceedings  were  matters  of 
history.  It  was  nearing  the  end  of  January,  1874.  The 
position  had  not  changed.  The  programme  of  the 
Parliamentary  Committee  had  been  endorsed  and  adopted 
without  alteration,  except  that  some  of  the  resolutions 
carried  were  expressed  in  stronger  terms  than  the  Com- 
mittee had  suggested,  so  as  to  emphasise  the  feelings  of 
the  delegates,  and  thereby  impress  more  strongly  members 
of  Parliament  and  those  who  opposed  the  several  items 
in  the  programme.  It  was  a  public  expression  of  their 
earnestness.  A  strongly  worded  resolution  to  many 
delegates  represented  their  concentrated  decision  in  the  only 
forceful  way  possible ;  if  the  terms  are  mild  they  think  it 
trimming.  It  is  well  known  that  hard  words  break  no 
bones  ;  but  they  sometimes  sink  deep  and  leave  a  wound.1 
The  Parliamentary  Committee  were  content  to  express  their 
views  in  careful,  measured  language,  knowing  that  they 
had  to  meet  in  stern  fight  the  opponents  of  their  measures. 
The  accentuation  of  their  views  in  bolder  language  was 
an  evidence  of  the  deep  feelings  evoked  by  recent  prose- 
cutions and  sentences,  and  served  to  voice  the  wide 
discontent  of  the  working  classes.  It  served  to  show 
also,  that  the  charge  that  the  labour  leaders  had  not 
correctly  represented  the  feelings  of  the  mass,  was  not 

1  Much  harm  is  often  done  by  strongly  worded  resolutions  and  use 
of  violent  language  in  labour  disputes.  The  officials  of  unions  have  to 
meet  the  employers,  and  violent  expressions  cause  irritation  and 
resentment. 


336  LABOUR   LEGISLATION 

true,  except  in  this  sense — that  they  had  been  too  mild 
in  their  denunciations  of  a  policy  which  still  regarded 
labour  as  a  thing  to  be  repressed  or  regulated  on  the 
"good  old"  lines  of  the  combination  laws  of  fifty  years 
before. 


CHAPTER  XXXIII 

DISSOLUTION      OF     PARLIAMENT GENERAL     ELECTION 

CHANGE    OF     MINISTRY 

AFTER  the  election  of  the  new  Parliamentary 
Committee,  we  held  a  formal  meeting,  elected 
officers,  and  discussed  methods  of  procedure  for  the 
coming  session.  Being  re-elected  secretary,  I  was  in- 
structed to  take  such  steps  as  I  deemed  advisable  for 
ensuring  that  the  several  measures  named  in  our 
programme  should  be  introduced  into  or  be  brought 
before  the .  House  of  Commons.  On  my  return  to 
London  I  set  about  planning  our  campaign.  I  was  busily 
engaged  thus  when  "  a  bolt  from  the  blue  "  disarranged 
everything,  upset  all  our  plans,  and  caused  no  end  of 
perturbation. 

1.  Dissolution  of  Parliament. — On  Friday,  January  23, 
1874,  a  dissolution  of  Parliament  was  agreed  upon  by  the 
Cabinet,  and  Mr.  Gladstone  forthwith  issued  his  manifesto 
— "An   address   to  the    Electors  of  Greenwich."     The 
announcement  and  publication  of  Mr.  Gladstone's  address 
in  the  newspapers  on  Saturday,  January  24th,  caused  a 
stampede  of  members  and  candidates  to  the  constituencies 
to  write  election  addresses  and  prepare  for  the  contest.     I 
had  to  rush  to  Aylesbury,  where  I  was  expected  to  fight 
like  other  pledged  candidates.     But  I  had  other  duties  as 
secretary  of  the  Parliamentary  Committee  and  representa- 
tive of  Congress,  so  that  I  had  more  than  an  ordinary 
share  of  work  devolving  upon  me  at  that  juncture. 

2.  Labour    Questions. — The    Proclamation    dissolving 

337 


LABOUR   LEGISLATION 

Parliament  was  published  on  January  26th,  so  that  in 
about  a  week  after  the  close  of  the  Trades  Congress 
we  were  in  the  turmoil  of  a  General  Election.  Mr. 
Gladstone  in  his  address  alluded  to  labour  questions 
and  labour  legislation  as  subjects  to  be  dealt  with  in 
the  next  Parliament.  It  was  too  late  for  confidence  to  be 
restored.  The  Ministerial  and  other  changes  had  not  had 
time  to  fructify — there  had  been  no  fruit. 

3.  Mr.  Gladstone's  Government  and  Labour. — That  there 
had  been  differences  in  the  Government  upon  the  various 
labour  questions  before  the  dissolution  was  well  known.    I 
had  heard  from  private  and  perfectly  reliable  sources  that 
some  men  in  the  Cabinet,  Mr.  Robert  Lowe,  Mr.  W.  E. 
Forster,  Mr.  James  Stansfeld,  and  others,  were  favourable 
to    legislation  ;    some    others,   Lord  Aberdare   and    Mr. 
Bright,  I  fear,  among  the  rest  were  opposed.     The  Law 
Officers    of    the    Crown — Sir    Henry    James,    and  Sir 
William  V.  Harcourt — were  favourable.    Mr.  Gladstone's 
reference  to  the  subject  of  legislation  in  his  address  shows 
that  the  correspondence  with  him  had  not  been  without 
effect.     I   caused  the  questions  to  candidates  to  be  cir- 
culated in  all   the  constituencies,  and   workmen  in  most 
places  used  them  to  exact  promises  of  support  wherever 
they  could.     Locally  they  took  their  own  course,  voting 
for    this    candidate    or  that   according  to  circumstances, 
political  exigencies,  or  personal  likes  and  dislikes,  as  the 
case  may  have  been. 

4.  Attitude    of  Labour  Leaders. — The   attitude  of  the 
labour  leaders  was  not  hostile  to  the  Liberal  Party,  but 
they  were  absolutely  firm  in  the  demand  for  the  measures 
formulated  by  Congress  and  insisted  upon  by  the  Parlia- 
mentary Committee.     The  position  was  very  different  to 
what  it  was  in  1868.     Then  all  the  best  known  men  in 
the   labour   movement  were  engaged  in  promoting    the 
return  of  Liberals  all  over  the  country,  though  still  insist- 
ing upon  certain  measures  for  the  advancement  of  labour, 
especially    the   protection    of  trade    union    funds.       In 
1874  many  of  these  men    took    no  active  part   in   the 
contests.     A  few  had  their  own  election  battles  to  fight. 


GENERAL   ELECTION  339 

The  rest  were  content  to  confine  their  action  to  the 
constituencies  in  which  they  lived.  To  what  extent  this 
action  or  inaction  influenced  the  general  result  it  is  not 
possible  to  say ;  but  the  withdrawal  of  militant  Liberalism, 
or  Radicalism  rather,  from  the  electoral  contests,  must  have 
had  an  unmistakable  influence  in  the  final  result.  The 
Congress  programme  was  put  forward  in  most  consti- 
tuencies by  the  local  labour  leaders  or  trade  union  officials, 
and  the  promises  of  support  given  by  candidates  were 
numerous.  The  organisation  was  far  less  effective  than  in 
1868,  but  the  issues  were  clearer,  and  the  subject  of  labour 
legislation  was  better  known. 

5.  Labour  Candidates  in  1874. — Thirteen  labour  candi- 
dates went  to  the  poll  in  1874,  but  only  two  were  elected, 
namely,    Thomas   Burt    for    Morpeth,    and    Alexander 
Macdonald    for    Stafford.      The     others    were     George 
Howell,  Aylesbury ;  James  Hardaker,  Bradford  ;  Benjamin 
Lucraft,  Finsbury ;  Thomas  Halliday,  Merthyr  Tydvil ; 
George    Potter,    Peterborough ;    Thomas    Mottershead, 
Preston  ;  George  Odger,  Southwark ;  Alfred  A.  Walton, 
Stoke ;    W.    R.    Cremer,    Warwick ;     William   Pickard, 
WTigan  ;  and  Henry  Broadhurst,  Wycombe.     The  result 
was  not  very  encouraging  from  the  labour  standpoint,  but 
it  was  significant  that  the  whole  of  the  thirteen  named 
went  to  the  poll.    We  also  lost  in  that  contest  the  services 
of  Mr.  Thomas  Hughes  and  Mr.  J.  H.  Palmer,  member 
for  Lincoln — two  true-hearted  and   well-tried  friends  of 
labour  in  the  House. 

6.  Result  of  General  Election. — The  elections  commenced 
on  January  3Oth,  four  days  after  the   dissolution,  by  the 
return  of  unopposed  members.     The  contested  elections 
began  on  the  following  day,  January  3ist,  and  ended  on 
February  I7th.     The  Conservatives  gained  56  seats,  thus 
obtaining  a  majority.     Mr.  Gladstone  resigned  on  Feb- 
ruary 1 7th,  which  resignation  was  accepted  by  the  Queen. 
On  the   1 8th  Mr.  Disraeli  undertook  to  form  a  Cabinet, 
and    on  the  2Oth    he    submitted  the   names  of  the   new 
Ministry  to  Her    Majesty.     On   the  day  following   the 
chief  officers  of  State  took  the  oaths  of  office.     On  the 
2  jth  the  first  Cabinet  Council  was  held. 


340  LABOUR   LEGISLATION 

7.  Changed  Situation :  Position  of  Labour. — The  defeat 
of  Mr.    Gladstone's   Government  at  the    polls   and  the 
consequent  change  of  Ministry,  so  materially  altered  the 
situation  that  the  Parliamentary  Committee  were  puzzled 
at  first 9  as  to  what  to  propose  or  what  steps  to  take. 
There    was,    however,    time    for    consideration,    as    the 
members  of  the   new  Government  had  to  be    re-elected 
after  taking  office.     As  previously  remarked  we  had  lost 
Mr.    Thomas    Hughes   and   Mr.  J.  Hinde  Palmer,  but 
we   had  gained  Mr.  Thomas   Burt    and   Mr.    Alexander 
Macdonald    as    labour  members,    and    Mr.     Charles  H. 
Hopwood,  member  for  Stockport,  whose   knowledge  of 
and  sympathy  with  labour  questions  were  distinctly  to  our 
advantage.     We  had,  however,  no  definite  information  as 
to    how    far    our    previous    action    in    Parliament     and 
agitation    in  the    country  had    influenced    the  result,   or 
what  the  effect  would  be  upon  the  new  Ministry.     Of  one 
thing  we  felt  certain,  namely,  that  the  Liberal  party  when 
in  opposition,  would  show  a  bolder  front  than  they  had 
hitherto  done.     Mr.  Gladstone's  manifesto  assured  us  of 
this  ;    besides   which   we    had    Mr.   Lowe,  Mr.   W.    E. 
Forster,  Mr.    Stansfeld,  Sir    Henry  James,  Sir    William 
V.  Harcourt,  and  others  upon  whom  we  could  depend, 
when  a  favourable  opportunity  should  arise  for  reopen- 
ing the  various  questions  pertaining  to  the  Labour  Laws 
and  legislation  in  connection  therewith. 

8.  Proposed  Royal  Commission  on  Labour  Laws. — The 
new  Parliament  did  not  meet  for  the  dispatch  of  busi- 
ness until  March   19,   1874,  on  which  day  the  Queen's 
message    to    Parliament    was    read.      On    March    I2th 
there    appeared,    in    the    Daily     News,    the    following 
announcement  : — 


"MASTERS    AND    WORKMEN." 

"  We  hear  that  the  Government  has  determined  to  issue 
a  Royal  Commission,  to  inquire  into  the  operation  of  the 
Masters  and  Servants  Act,  and  the  Law  of  Conspiracy  in 
relation  to  contracts.  The  Commission,  it  is  said,  will  be 


GENERAL   ELECTION  341 

formed  in  such  a  manner  as  to  satisfy  the  fair  demands  of 
the  working  classes  in  regard  to  the  impartiality  of  its 
constitution." 

This  startling  announcement  not  only  took  us  with 
surprise,  but  it  was  a  genuine  surprise  to  the  public.  We 
saw  in  it  indications  of  victory,  an  effect  of  our  agita- 
tions in  the  country  and  at  the  elections. 

9.  Formation  of  Commission. — When  I  arrived  at  my 
office,    on   March    I2th,   I   found   a   letter  awaiting   me 
from   an   influential   member    of  Parliament,  written   on 
the  previous  day,  asking  me  to  meet  him  at  the  House 
of  Commons,    on    the    I2th,   at    3    p.m.    on    important 
business.     I  attended,  as  desired,  and  found  that  it  had 
reference  to  the  proposed  Royal  Commission.     He  then 
informed  me  that  "  a  request  had  been  made,  under  the 
seal    of  secrecy,    to    one    of  our    ablest    and    staunchest 
friends  in  the  House    to  be  on  the  proposed    Commis- 
sion.    He  had  declined  unless  the  Home  Secretary  con- 
sented that  he  should  consult  some  persons  with  whom 
he  had  been  co-operating  on  labour  questions."     After 
some   demur  the   consent  was  given,  and   Mr.  Frederic 
Harrison  and  myself  were  consulted.     After  careful  con- 
sideration the  member  asked  to  be  on  the  Commission 
declined. 

10.  Refusal  of  Seat  on  the  Commission. — The  grounds 
upon  which  the  refusal  was   based  were  the  following  : 
(i)  That  the  proper  place  to  discuss  these  questions  was 
in  the  House  of  Commons.     (2)  That  all  the  necessary 
data  for  a  full  and  complete  decision  by  the  House  were 
already  in  possession  of  the  Home  Office.     (3)  That  the 
whole  question  was  ripe  for  legislation,  as  a  Bill  had  been 
actually  passed  in  the  last  Parliament,  dealing  with  the 
Law    of  Conspiracy."      On    these    grounds    he    finally 
declined  to  sit  on   the  proposed  Commission. 

11.  Attitude  of  the  Parliamentary  Committee. — I  at  once 
called  a  meeting  of  the  London  members  of  the  Com- 
mittee, and   invited  the  following  gentlemen  to   attend  : 
Messrs.     A.     J.     Mundella,    M.P.,     Thomas     Hughes, 
Frederic  Harrison,  R.  S.  Wright,  and  Wm.  Mackenzie, 


342  LABOUR   LEGISLATION 

all  of  whom  attended.  The  meeting  took  place  on 
March  I7th.  After  full  consideration  the  following 
resolution  was  unanimously  passed,  and  ordered  to  be 
sent  to  the  Home  Secretary  and  to  the  newspapers, 
signed  by  the  whole  of  the  Committee  then  present : 
"  That  this  Committee  deprecate  the  reference  of  the 
Criminal  Law  Amendment  Act,  the  Master  and  Servant 
Act,  the  Laws  of  Conspiracy,  and  other  questions  re- 
lating to  workmen,  to  a  Royal  Commission  ;  further, 
the  Committee  is  of  opinion  that  the  time  has  arrived 
for  immediate  legislation."  This  resolution  was  signed 
as  ordered,  copies  being  sent  to  the  Home  Secretary,  and 
to  the  newspapers. 

12.  Constitution  of  the  Royal  Commission. — Up  to  that 
date,  March   lyth,  neither  Mr.    Burt,   M.P.,  Mr.  Mac- 
donald,  M.P.,  nor  Mr.  Thomas  Hughes,  had  been  asked 
to  be  on  the  Commission,  though  the  announcement  of  it 
was  made  on  March  I2th  in  the  Daily  News.     We  were 
informed,   on  very  good   and  reliable  authority,  that  an 
influential  member  of  the  new  Cabinet  had  agreed,  before 
the    conclusion    of    the    last    Session    of  Parliament,    to 
propose   the   reference    of  the  several  questions  we  had 
raised,    to    a    Royal    Commission,    whenever    they    were 
again    brought    before    the    House   of  Commons.      Mr. 
Roebuck,  in  his  speech  at  Sheffield,  confirmed  the  view 
that  a  Commission  had,  in  some  way,  been  prearranged. 
With  these   facts  before  us,   we  regarded    the  proposed 
Commission  as  an  adroit  movement  on  the  part  of  the 
Government,  for  the  purpose  of  closing  the  lips  of  our 
friends  in  the  House,  and  postponing  legislation,  without 
affording   an  opportunity  of  appealing  to  Parliament,  as 
to  whether  a  Commission  was  desirable,  or  needed,  as 
regards  the   particular   Acts  in   question. 

13.  Hesitancy  about  the   Commission. — Up  to,  and  in- 
cluding,   March    lyth,    the    Standard,    and    some    other 
newspapers,   treated  the  announcement  of  the   proposed 
Royal    Commission    on  the  Labour    Laws    as   a    "  mere 
feeler  "   on  the  part  of  the  Government,   and  not  as  a 
subject  seriously  agreed  upon,  and  this,  too,  in  spite  of 


GENERAL   ELECTION  343 

Mr.  Frederic  Harrison's  letter  in  the  'Times.  The  fact 
is,  Mr.  Richard  Cross  had  found  some  difficulty  in 
arranging  the  Commission.  His  failure  to  secure  the 
first  member  appealed  to,  led  him  to  solicit  others.  Mr. 
Henry  Crompton  was  requested  to  join  the  Commission  ; 
in  his  reply  he  said,  "  He  could  not  accept  the  offer 
without  having  the  opportunity  of  consulting  those 
whom  he  was  asked  to  represent,  and  without  having 
further  information  as  to  the  nature  and  conditions  of  the 
inquiry  proposed." 

14.  Personnel   of  the  Royal  Commission. — The    Royal 
Commission  was  completed  and  issued,  with  the  assent  of 
Her  Majesty,  on  March   19,  1874.     On  the  i8th  it  was 
still    incomplete.       On    the    morning   of   the    i8th    Mr. 
Hughes,  Mr.  Burt,  and  Mr.  Macdonald  were  asked  to 
be  on  the  Commission  for  the  first  time.     Mr.  Hughes 
was  solicited  first,  at  the   Home  Office  ;   then  Mr.  Burt 
came,    but    for    some    time    they   were    seen    separately, 
unknown    to   each    other.      They    were    then    brought 
together,  and  the  conversation  was  resumed.     They  still 
hesitated,  when  they  were  told  that  there  was  no  time  for 
delay,  as  in  two  hours  the  list  of  names  must  be  sent  to 
Her  Majesty  for  approval.     They  were  induced  to  give  a 
hasty   assent    to    the    proposal,    and  then    they   went  in 
search    of  Mr.    Macdonald,    with    the    result    that    Mr. 
Hughes  and  Mr.  Macdonald  accepted  seats  on  the  Com- 
mission. 

15.  Other    Commissioners. — The    other    Commissioners 
were,  Sir  Alexander  Cockburn,  Baron  Winmarleigh,  E.  P. 
Bouverie,  Russell  Gurney,  Sir  Montague  E.  Smith,  John 
Arthur  Roebuck,  and  Gabriel  Goldney,  whom,  together 
with  Thomas  Hughes  and  Alexander  Macdonald,   con- 
stituted   the    Commission.      Mr.    Burt   appears  to  have 
preferred  that  Mr.  Macdonald  should  serve  rather  than 
himself.     What  other  persons  may  have  been  selected  by 
the  Government,  in  case  any  of  the  above  declined,  we 
did    not    discover,    but    we    were    told    that,    had     Mr. 
Hughes  and  Mr.  Macdonald  declined,  two  others  were 
in  reserve  to  be  asked  and  appointed. 


344  LABOUR   LEGISLATION 

1 6.  Constitution    of    Commission    not    Questioned. — We 
never  had  any  doubt  as  to  the  fairness  of  the  Commission 
when    constituted.       One    name    alone — that    of  Russell 
Gurney — was  a  sufficient  guarantee  as  to  the  fairness  of  the 
inquiry,  and  also  to  a  large  extent  for  a  rightful  interpre- 
tation of  the  law.     Our  attitude  was  adverse  to  the  issue 
of  the  Commission,  which  we  thought  was  intended  to 
stave  off  legislation,   or   at  least  delay  it.     It  was    Mr. 
Cross's    assurance    that    "  it   was    intended    to    facilitate 
legislation,"    that   induced    Messrs.    Hughes,   Burt,    and 
Macdonald  to   assent  to  his  proposal. 

17.  Position    of    the    Parliamentary    Committee. — The 
action  of   Mr.   Alexander   Macdonald,    chairman    of  the 
Committee,  and   of  Mr.   Thomas   Hughes,   one   of  our 
advisors,  placed  us  in  an  awkward  and  delicate  position, 
the   more  so  because   Mr.   Burt,   the  only  other   labour 
member  in  the  House  of  Commons,  had  assented  to  the 
course    taken.       It    must    be    remembered    that    I    am 
narrating  events  of  more  than  a  quarter  of  a  century  ago, 
describing  the  persons  prominently  concerned,  and  record- 
ing  opinions  then  held  as  to  measures  and  policy  per- 
taining to  labour  questions.     In  the  middle  of  March, 
1874,  we  did  not  know  Mr.  Cross  as  a  social  or  political 
reformer  ;  we   only  knew  him  as  a  newly  created  Tory 
Minister,    the    Home    Secretary,  just   appointed.       The 
term  "  Conservative  "  was  not  then  so  widely  used  ;  the 
terms    "  Unionist."    or    "Imperialist"    had    not    been 
invented.     If  we  were  suspicious  of  the  Government,  and 
of  Mr.  Cross's  intentions,  there  was  every  excuse.     In  a 
year's  time  we  had  got  to  know  Mr.   Cross  better,  as  we 
saw  him  engaged  in  steering  the  Labour  Bills  through  the 
House. 

1 8.  The    Committee's    Statement   of  the  Situation. — The 
Committee    met    to   consider    the    whole    situation,    and 
passed  several  resolutions  ;  they  also  resolved  to  publish 
a  full  statement,  giving  the  facts,  together  with  a  couple 
of  letters  from  the  Home  Secretary,  acknowledging  the 
receipt   of  the  resolutions  sent  to   him   on  March    i7th 
and  2ist  respectively.     "The  grounds  of  complaint,"  as 


GENERAL   ELECTION  345 

set  forth    by  the   Committee,   respecting    the    issue    and 
constitution   of  the   Commission,   were   as  follow  :  — 


"  i.  That  although  the  Commission  had  been  in  contemplation  for 
several  days,  and  publicly  announced  in  the  T>ai!y  News  on  the  izth 
of  March,  and  refusals  had  been  given  to  be  on  the  Commission,  that 
neither  Mr.  Hughes,  Mr.  Butt,  nor  Mr.  Macdonald  were  invited  to 
be  on  the  Commission  until  within  an  hour  or  two  of  the  time  when 
the  najnes  were  to  be  submitted  to  Her  Majesty  at  Windsor. 

"  2.  That  Mr.  Hughes  was  present  and  helped  to  draw  up  the 
resolution  of  March  lyth,  up  to  which  time  he  had  not  received  any 
notice  with  regard  to  the  Commission,  and  really  treated  the  proposal 
altogether  as  unofficial. 

"  3.  That  neither  Mr.  Hughes,  Mr.  Burt,  nor  Mr.  Macdonald  con- 
sulted the  committee,  to  whose  care  the  trade  unionists  of  the  country 
had  committed  these  questions. 

"4.  At  the  congratulatory  dinner  given  to  Mr.  Macdonald  and  Mr. 
Burt,  at  Anderton's  Hotel,  on  the  evening  of  March  i8th,  at  which 
the  Commission  was  denounced,  neither  of  the  gentlemen  named, 
nor  Mr.  Hughes,  who  was  also  present,  attempted  to  explain  their 
position  with  regard  to  it,  or  said  a  word  in  support  of  such  a  proposal 
as  a  Royal  Commission,  although  at  that  very  time  they  had  been 
induced  to  assent  to  the  proposal,  and  two  of  the  gentlemen  named 
were  actually  on  the  Commission." 

19.  Committee  s  Resolves. — The  foregoing  clearly  indi- 
cate the  delicacy  of  the  situation.  A  full  meeting  of  the 
Parliamentary  Committee  was  convened  on  March  I9th 
and  held  on  the  following  day.  Messrs.  Hughes,  Burt 
and  Macdonald  were  asked  to  attend,  and  did  so.  Mr. 
Macdonald  tendered  his  resignation  as  chairman  and 
member  of  the  Committee,  which  was  accepted.  At  that 
meeting  the  following  resolutions  were  unanimously  agreed 
to  : — 


(a}  "  That  this  meeting  of  the  Parliamentary  Committee,  elected 
by  the  Trades  Union  Congress,  representing  more  than  a  million 
of  workmen,  specially  convened  to  consider  the  action  of  the  Govern- 
ment in  appointing  a  Royal  Commission,  deem  it  to  be  a  mere  excuse 
for  delay,  and  we  adhere  to  the  resolution  already  passed  deprecating 
the  appointment  of  the  Commission,  and  we  hereby  pledge  ourselves 
to  continue  to  protest  against  the  whole  scheme  as  being  a  surprise, 
an  intrigue, "and  a  fraud  ;  and  further  we  recommend  the  whole  trade 
unions  of  the  country  to  refuse  to  have  anything  to  do  with  the 


346  LABOUR   LEGISLATION 

Commission,  either  in  the  way  of  giving  evidence  or  of  recognising  in 
any  way  the  action  pro  or  con  of  the  Commission. 

(b)  "That  the  secretary  be  instructed  to  send  a  copy  of  the  above 
resolution  to  the  principal  Secretary  of  State  for  the  Home  Depart- 
ment, to  the  whole  of  the  trade  unions  of  the  country,  and  also  to  the 
newspapers. 

(c)  "That  this  Committee  urge  upon  the  trade  societies  of  the  kingdom 
to  hold  meetings  in  support  of  the  course  adopted  by  this  Committee 
in   repudiation   of  the  Royal   Commission  ;  and,  further,  we   request 
that  the  resolutions    passed   be  sent  to   the  local   members  of  each 
constituency,  calling  upon  them  to  support  immediate  legislation  on 
the  several  points  as  agreed  upon  at  the  Sheffield  Congress." 

20.  The  Committee  s    Defence. — The  foregoing  resolu- 
tions were  sent  to  the  Home  Secretary  and  to  the  news- 
papers, as  ordered.     Mr.  Cross's  acknowledgment  was  a 
model   of  courtesy.     He    expressed  "  his  thanks  to  the 
Committee  for  their  courtesy  in  directing  that  a  copy  of 
the  resolutions  should  be  sent  to  him,  but  deeply  regrets 
that  the  Committee  should  have  so  entirely  misunderstood 
the    intentions   of  the    Government."     The    newspapers 
were  less  indulgent.     In  them,  and  by  speeches  of  public 
men  on  the  platform,  we  were  denounced  and  called  upon 
to  defend  the  expressions  used,  that  the  appointment  of 
the   Commission    was    "  a   surprise,    an    intrigue,  and    a 
fraud." 

21.  An  Explanation  and  Defence. — Looking  back  over 
the  intervening  period  of  some  twenty-seven  years,  and 
remembering  what  followed  in  1875,  ^  frankly  admit  that 
our  judgment  was  at  fault,  that  our  condemnation  was 
too  severe,  that  the  expressions  used  could  not  be  justified. 
But  we  had  to  regard  the  matter  from  the  then  stand- 
point, which  was  too  close   for  perfect  vision.     Things 
very  near  were  magnified  ;  the  view  was  so  limited  that 
we   lost    the    sense    of    proportion.       Nevertheless,    the 
"  defence  "  issued  by  the  Committee  was,  in  its  way,  a 
powerful  one.     It  recapitulated  the  facts  connected  with 
the    appointment    of  the    Commission,    the    inquiries   in 
1867-69,  and  the  results  in  eleven  volumes  of  evidence 
and  reports  "  ;  the  u  inquiries  in  1865-6  as  to  the  Master 
and  Servant  Acts,  two  volumes,"   and  the  prosecutions 


GENERAL  ELECTION  347 

under  the  Criminal  Law  Amendment  Act.  It  referred 
to  what  had  taken  place  in  Parliament,  to  the  passing 
of  the  Conspiracy  Bill  and  then  its  abandonment.  Its 
strongest  plea  was  that,  while  the  inquiry  was  proceeding, 
innocent  men  were  being  sent  to  gaol.  The  defence  was 
vigorous  in  style  and  language  ;  it  quoted  facts  upon 
which  the  committee  relied,  and  it  argued  that  the  inquiry 
would  give  an  opportunity  to  members  to  "  evade  the  direct 
pledges  given  to  their  constituents  "  at  the  General  Elec- 
tion. History  requires  that  this  protest  shall  be  quoted 
in  its  essence,  because  it  explains  the  attitude  of  the 
labour  leaders. 

22.  The   Inquiry — Obtaining    Evidence. — Mr.    Francis 
H.  Bacon  was  appointed  secretary  to  the  Commission,  and 
it   appears  that    there  was    some    difficulty  in   obtaining 
evidence.     The  secretary  wrote  me  on  June  4th,  in  which 
he  said  :  "  I  am  directed  to  inform  you  that  the  Com- 
missioners will  be  very  glad  to  receive  any  evidence  that 
either  you,  yourself,  from  your  intimate  knowledge  of 
the  subject,  and  the  position  you  occupy  as  secretary  to 
the    Parliamentary    Committee    of    the    Trades    Union 
Congress,  or  any  witnesses  whom   you  may  enable   me 
to   call,  who  may  be  willing    and  able  to  lay  evidence 
before  the  Commission." 

23.  Refusal  to  Give  Evidence. — To  the  courteous  letter 
of  the  secretary  I  replied  on  June  loth,  absence  in  the  North 
causing  delay.     I  said  :   "  In  reply  to  your  letter  I  beg  to 
state  that  I  very  much  regret  that  the  peculiar  circum- 
stances in  which  I  am  placed  as  secretary  to  the  Parlia- 
mentary Committee  of  the  trade  unions,  whose  decision 
I  enclose,  together  with  the  circumstances  which  gave  rise 
to  the  Commission,  and  also  to  the  nature  of  the  proposed 
inquiry,  altogether    prevent  me   from  acceding   to  your 
request."     I  explained  the  reasons,  with  due  respect,  at 
some  length  why,  in  my  opinion,  Parliament    ought  to 
have  dealt  with  the  questions  at  issue,  without  the  inter- 
vention of  the  Commission.     The  correspondence  is  given 
in  full  in  the  reports  of  the  Commission. 

24.  Witnesses  Examined. — It  was  fortunate,  perhaps,  for 


348  LABOUR   LEGISLATION 

the  cause  of  labour  that  the  decision  of  the  Parliamentary 
Committee  and  their  advisers  was  not  rigidly  obeyed 
by  the  trades.  Had  they  absolutely  declined  to  give 
evidence,  the  "great  Conservative  Party"  would  not  have 
been  able  to  find  sufficient  excuse  to  have  justified  their 
sudden  conversion  to  the  workmen's  views,  in  the  eyes 
of  their  own  followers.  The  latter  were  at  least  sur- 
prised ;  the  Opposition — front  and  back  benches — were 
absolutely  astounded.  The  Report  of  the  Royal  Com- 
mission complained  as  to  the  evidence  required,  that  "  no 
such  evidence  was,  except  to  a  very  limited  extent,  fur- 
nished to  us  "  ;  and  it  states  that  the  evidence  obtained 
was  solely  due  to  the  exertions  of  Mr.  Alexander  Mac- 
donald,  M.P.  The  chief  witnesses  were  Mr.  George 
Shipton,  London  Trades'  Council ;  Mr.  Andrew  Boa, 
Glasgow  Trades'  Council,  and  John  Sale,  Birmingham. 
The  Employers'  Federation  and  other  Associations  were 
represented  by  Messrs.  Blackley,  Menelaus,  Maskell,  W. 
Peace,  John  Robinson,  and  three  members  of  the  Liver- 
pool Master  Builders'  Association.  Two  London  police 
magistrates  gave  valuable  evidence,  namely,  Mr.  Hannay 
and  Mr.  Bridge,  and  also  Mr.  Davis,  stipendiary  in  the 
Potteries,  1870—73,  and  police  magistrate  at  Sheffield  at 
the  date  of  the  inquiry.  With  such  evidence,  and  an 
official  synopsis  of  cases  under  the  Criminal  Law  Amend- 
ment Act,  and  some  cases  under  the  Master  and  Servant 
Act,  together  with  list  of  convictions,  the  Royal  Com- 
mission had  to  be  content. 

25.  Exclusion  from  Lobby  for  Refusing  to  Give  Evidence. 
— The  odium  for  refusal  of  evidence  fell  upon  me.  I 
was  secretary  of  the  Parliamentary  Committee  which 
passed  the  resolution,  and  I  it  was  who  had  to  convey  that 
resolution  to  the  Home  Secretary.  But  I  did  more.  I 
was  officially  solicited  to  give  evidence,  and  refused,  in 
the  terms  of  my  letter  referred  to  (par.  23).  A  few 
evenings  afterwards,  I  went  to  the  Lobby  of  the  House 
of  Commons  as  usual.  In  a  short  time  a  police  officer 
came  to  me  and  said,  "  Mr.  Howell,  you  must  leave  the 
Lobby."  "What  for?"  I  asked,  "Those  are  my 


GENERAL   ELECTION  349 

orders,"  said  he.  I  again  refused.  He  begged  of  me 
not  to  make  a  fuss.  I  told  him  I  would  not,  but  I  must 
be  turned  out.  "  I  shall  not  resist,"  said  I.  He  went  to 
the  inspector  and  reported.  He  came  back  and  said, 
"  You  must  leave  the  Lobby."  "  Very  well,"  replied  I, 
"  you  only  need  to  put  your  hand  on  my  shoulder,"  and 
he  then  conducted  me  to  the  door.  I  went  home  and 
wrote  to  the  Speaker,  Mr.  Gladstone,  Sir  Henry  James, 
Sir  William  Harcourt,  and  four  other  Members  of  Par- 
liament, stating  the  facts.  On  the  following  afternoon  I 
received  a  message  from  Lord  Charles  Russell  (per 
special  messenger)  asking  me  to  call.  Lord  Charles 
referred  to  the  letters  and  to  calls  from  several  of  those 
named,  and  told  me  that  I  should  have  applied  to  him. 
I  was  at  once  readmitted  to  the  Lobby,  and  was  never 
thereafter  disturbed.  But  I  heard  that  my  character  and 
conduct  had  been  subjected  to  careful  scrutiny  before  the 
privilege  was  regranted,  and  that  it  was  found  to  be 
sufficiently  good  to  satisfy  Lord  Charles  Russell  and  other 
officers  of  the  House.  I  may  here  add  that,  on  all 
occasions,  I  was  treated  most  courteously  by  all  the 
officials  of  the  House  of  Commons,  and  especially  so  by 
the  Inspector  of  Police  and  his  staff.  My  re-admission  to 
the  Lobby  was  welcomed  on  all  sides. 


CHAPTER   XXXIV 

A    WAITING    POLICY,    NEW    DEVELOPMENTS,    AND    RESULTS 


^HE  Session  of  1874  was,  of  necessity,  a  blank  in  so 
far  as  the  repeal  of  the  Criminal  Law  Amendment 
Act  was  concerned.  All  action  in  the  House  of  Com- 
mons was  practically  barred  by  the  inquiry  by  the  Royal 
Commission  then  sitting.  We  could  only  wait,  watch, 
and  agitate.  The  constitution  of  the  Commission  gave 
us  hope,  and  the  assurance  of  the  Home  Secretary  that 
unnecessary  delay  was  not  contemplated,  tended  to  inspire 
confidence.  If  our  faith  was  not  overwhelmingly  strong, 
it  was  because  past  experience  led  us  to  doubt,  and  the 
constitution  of  the  new  House  of  Commons  seemed  to 
justify  our  hesitancy.  Events  subsequently  proved  that 
we  were  too  severe  in  our  judgment  and  too  hasty  in  our 
conclusions.  But  statesmen,  as  well  as  labour  leaders, 
sometimes  fail  in  their  forecast  of  events,  and,  therefore, 
the  latter  might  be  excused  if  they  could  not  penetrate 
into  the  secret  resolves  of  the  new  Ministers,  and  felt 
some  reluctance  to  credit  them  with  the  intention  of  doing 
that  for  labour  which  the  previous  Government  had 
refused,  which  refusal  was  backed  up  and  supported 
by  members  of  the  new  Government,  and  by  their 
allies,  both  in  Parliament  and  out  of  it. 

i.  Labour  Legislation  in  1874.  —  Although  the  Labour 
Laws,  so  called,  were  shelved  for  the  present,  the  Session 
of  1874  was  by  no  means  a  barren  one,  in  respect  of 
labour.  Three  Acts  were  passed  in  the  Session,  each  one 
being  a  valuable  measure,  favourable  to  labour  as  regards 

350 


A   WAITING   POLICY  351 

the  matters  dealt  with.  They  were  :  (i)  A  Government 
Bill— The  Alkali  Works  Act,  1874  (the  37  &  38  Viet., 
c-  43)  ;  (2)  The  Factories  (Health  of  Women)  Act, 
1874  (the  37  &  38  Viet.,  c.  44),  and  (3)  The  Hosiery 
Manufacture  (Payment  of  Wages)  Act,  1874  (the  37  & 
38  Viet.,  c.  48). I  This  measure  was  steered  through  the 
House  by  Mr.  Pell  and  Mr.  Macdonald.  Those  measures 
appealed  strongly  to  the  operatives  in  the  textile  trades, 
and  to  those  engaged  in  alkali  works.  The  candidates  in 
constituencies  affected  by  those  important  measures  elected 
to  the  new  House  of  Commons,  had  so  far  fulfilled  their 
pledges  in  respect  at  least  of  the  legislation  indicated. 
Workpeople  in  Lancashire,  Yorkshire,  and  in  the  Mid- 
land counties  were  benefited,  and  rejoiced  accordingly. 
The  Government  could  rejoice  also,  for  their  legislative 
path  was  made  smooth.  The  Liberals  generally  were 
favourable  to  such  legislation,  and  those  who  were  not 
hardly  dared  to  oppose  these  measures,  even  if  inclined 
to  do  so.  There  is  this  advantage  in  a  Conservative 
Government  :  if  they  propose  useful  and  progressive 
measures,  they  may  count  upon  Liberal  support  in  the 
House  ;  but  I  dare  not  add — and  vice  versa. 

2.  Parliamentary  Committee  s  Action. — As  the  Trades 
Union  Congress  had  approved  of  the  three  measures 
enumerated,  the  Parliamentary  Committee  supported  in 
every  way  their  passage  through  Parliament.  In  this,  as 
in  all  other  cases,  I  was  their  mouthpiece,  as  secretary  to 
that  Committee.  But  the  factory  operatives  of  Lanca- 
shire and  of  the  Midlands  had  their  own  representatives 
in  London  looking  after  their  Bills.  I  was  in  constant 
communication  with  them,  and  looked  after  their  interests 
in  the  Lobby  of  the  House  of  Commons,  either  in  con- 
junction with  them  or,  as  was  often  the  case,  alone.  We 
had  an  accession  of  strength  in  the  House  in  Mr. 
Alexander  Macdonald  and  Mr.  Thomas  Burt ;  with 
the  former  I  was  constantly  in  communication,  as  my 
old  colleague  on  the  Parliamentary  Committee.  Mr. 

1  The  Hosiery  Manufacture  Bill  was  part  of  the  Truck  Bill,  as  it 
left  the  Select  Committee  to  which  it  was  referred. 


352  LABOUR   LEGISLATION 

A.  J.  Mundella  and  Mr.  Samuel  Morley,  both  connected 
with  the  hosiery  trades,  warmly  supported  the  measures. 
We  had  also  a  new  and  valuable  ally  in  Mr.  C.  H.  Hop- 
wood,  ever  ready  with  his  advice  and  help  in  the  House 
and  out  of  it.  Our  work,  therefore,  during  the  Session 
of  1874  was  less  harassing  than  in  the  three  preceding 
years,  for  the  measures  affected  only  particular  industries, 
in  certain  counties  ;  and  the  operatives  in  the  several 
constituencies  endeavoured  to  keep  their  members  up 
to  the  mark  in  respect  of  them. 

3.  Proposed  Repeal  of  the  Trade  Union  Act \  1871. — On 
Saturday,  June  13,  1874,  I  was  surprised  and  startled  by 
an  unexpected  proposed  new  departure  in  legislation.     I 
had,  as  secretary  to  the  Parliamentary  Committee,  made 
arrangements  for  the  delivery  to  me  daily  of  all  Bills  per- 
taining  to  labour  and  to  the  working  classes  generally. 
On  the  day  and  date  mentioned,  the  Friendly  Societies  Bill, 
for  consolidating  and  amending  the  law,  was  issued,  and 
I  received  my   copy.     On  looking  over  the  measure,  I 
found,  to  my  astonishment,  that  it  proposed  to  repeal  the 
Trade  Union  Act,  1871,  which  had  been  carried  by  the 
late  Government.     I   had   no  warning  of  this,  never  a 
hint,  although  I  was  acting  for  the  Parliamentary  Com- 
mittee of  the  Trades  Congress,  and  in  that  capacity  was 
constantly  at  the  House  of  Commons,  and  in  communi- 
cation with  Her  Majesty's  ministers,  other  members  of 
the  Government,  and  members  generally.     Neither  Mr. 
Alexander  Macdonald  nor  Mr.  Burt  knew  of  the  intention 
of  the  Government,  although  both  were  in  the  House, 
and    one  of  them,    Mr.   Macdonald,  was   on  the  Royal 
Commission  on  the  Labour  Laws,  then  sitting.     As  soon 
as  I  had  mastered  the  meaning  and  effect  of  the  clauses  in 
the  Government  Bill,  I  sat  down  and  wrote  letters  to  the 
Times  and  "Daily  News,  calling  attention  to  the  subject, 
and  pointing  out  that  the  second  reading  was  fixed  to  take 
place  in  a  week's  time.     My  letters  were  inserted  in  both 
papers  on  Monday,  June  1 5th,  which  was  the  first  public 
intimation  on  the  subject. 

4.  Public  Attention  called  to  the  Measure. — I  immediately 


A   WAITING   POLICY  353 

sent  copies  of  the  Bill  to  the  chief  trade  unions,  together 
with  a  letter  calling  attention  to  the  proposal  and  inviting 
an  expression  of  opinion  thereon.  I  also  sent  a  copy  to 
each  member  of  the  Parliamentary  Committee,  with  a 
letter  pointing  out  the  special  clauses,  so  that  they  should 
not  be  taken  unawares  by  any  expression  of  opinion.  I 
furthermore  wrote  to  Sir  William  Harcourt,  M.P.,  Sir 
Henry  James,  M.P.,  Mr.  A.  J.  Mundella,  M.P.,  soliciting 
an  interview  at  the  House  of  Commons  on  Monday 
evening,  June  I5th,  the  evening  of  the  day  on  which  my 
letters  appeared  in  the  newspapers  named.  I  also  wrote 
to  Mr.  Frederic  Harrison,  Mr.  Henry  Crompton,  and 
Mr.  R.  S.  Wright,  asking  their  opinion  as  to  the  pro- 
visions of  the  Bill.  All  this  had  been  done  on  June  ijth 
and  1 4th,  as  there  was  no  time  to  be  lost.  Early  on 
Monday  morning  Mr.  J.  M.  Ludlow  called  upon  me,  and 
complained  of  my  letter.  He  had,  he  said,  been  consulted 
upon  the  Bill  in  its  drafting.  I  told  him  that  I  knew 
nothing  as  to  that.  I  expressed  my  surprise,  seeing  that 
I  was  the  mouthpiece  of  the  unions,  and  that  we  were 
busy  in  trying  to  amend  the  Act.  He  replied  that  the 
Bill  was  framed  in  the  interests  of  trade  unions,  and  that 
our  suggestions  were  embodied  therein.  I  pointed  out 
the  difference  between  the  organisation  and  objects  of 
trade  unions  and  friendly  societies,  and  contended  that  the 
two  could  not  be  worked  on  the  same  lines. 

5.  Result  of  Conference  on  the  Bill. — The  gentlemen 
named  agreed  with  me  as  to  the  unsuitableness  of  the  Bill 
as  a  substitution  for  the  Trade  Union  Act,  1871,  and  I 
was  instructed  to  make  a  digest  of  its  provisions  for 
publication,  with  especial  reference  to  those  parts  of  the 
measure  which  related  to,  or  affected,  trade  unions.  In 
the  preparation  of  that  digest  1  had  the  invaluable  aid  of 
Mr.  R.  S.  Wright.  It  was  pointed  out  that  clause  76 
might  deprive  unregistered  unions  of  protection  in  cases  of 
criminal  procedure,  and  limit  all  the  advantages  of  the 
Act  of  1871  to  registered  unions,  and  then  only  when 
"  its  purposes  and  rules  were  in  restraint  of  trade." 
Difficulties  were  pointed  out  in  respect  of  the  registration 

24 


354  LABOUR   LEGISLATION 

clauses,  and  as  to  the  power  conferred  upon  the  Registrar 
to  make  regulations.  "  By  Clause  42  the  obsolete  penal 
laws  of  George  III.  against  seditious  societies  were  revived 
and  brought  into  practical  operation."  The  effect  of  that 
clause  was  stated  in  some  detail,  the  effects  of  which 
would  have  been  most  disastrous.  By  Clause  53  the 
continuance  of  a  default  is  made  a  new  offence  on  each 
day  during  which  the  said  default  continued.  The 
definition  clause  was  found  to  be  so  defective  that  it 
limited  the  operation  of  the  Act  of  1871  to  an  extent 
which  would  have  been  most  prejudicial  to  certain  forms 
of  combination,  more  or  less  protected  by  the  Trade 
Union  Act. 

6.  Comments  on  the  Bill  by  the  Parliamentary  Committee. — 
The  digest  referred  to  was  sent  to  all  members  of  the 
Parliamentary  Committee,  and  a  meeting  was  immediately 
held  to  consider  and  report  upon  the  provisions  of  the 
Bill.  The  Committee  gave  full  credit  to  the  authors  of 
the  Bill  for  their  intentions.  They  deprecated  meddling 
with  the  Trade  Union  Act,  1871,  except  in  matters  of 
detail,  such  as  the  Committee  had  already  suggested. 
They  pointed  out  the  danger  of  reopening  questions 
which  were  settled  by  the  Act  of  1871,  and  also  that 
trade  unions  were  of  two  kinds — those  having  provident 
benefits,  and  those  which  had  not.  Registration  was 
optional,  but  under  the  Bill  all  unions  must  register  by 
December  31,  1876.  There  was  great  and  obvious 
danger  under  Clause  42  of  a  revival  of  the  provisions  of 
the  Corresponding  Societies  Act.  Moreover,  it  proposed 
the  separation  of  trade  union  funds  into  (i)  provident 
benefits,  and  (2)  for  trade  purposes,  a  principle  always 
opposed  by  labour  leaders  and  trade  union  officials. 
That  manifesto  was  signed  by  Daniel  Guile,  vice-chairman, 
William  Allan,  treasurer,  and  George  Howell,  secretary. 
The  result  of  this  action,  and  of  interviews  with  Sir 
Stafford  Northcote,  Chancellor  of  the  Exchequer,  was  the 
withdrawal  of  the  Bill  of  1874.  In  the  Bill  of  the  next 
session,  1875,  tne  clauses  objected  to  did  not  appear,  and 
the  Bill  was  passed. 


A  WAITING   POLICY  355 

7.  Continuance  of  Agitation. — The  appointment  of  the 
Royal  Commission,  and  the  fact  of  its  being  then  sitting 
and  taking  evidence,  did  not  much  abate  the  agitation  for 
the  repeal  of  the  Criminal  Law  Amendment  Act ;  trade 
unionists,  at  least,  being  as  determined  as  ever  to  abrogate 
it.     Some  prosecutions  under  the  Master    and    Servant 
Act,  1867,  aroused  increased  indignation  against  that  Act, 
so  that  both  were  denounced    at    public  meetings   and 
demonstrations,   and  demands  were  made  for  its  repeal 
also.     And  no  wonder.     Cases  of  gross  injustice    were 
brought  to  light,    as  prosecution  after  prosecution  was 
instituted,    though    in    some    instances   the    prosecuting 
parties  failed  to  obtain  a  conviction.     The  agitation  thus 
carried  on  effected  a  twofold  object  :  it  strengthened  the 
trade  union  movement,  by  extended  organisation,  and  at 
the  same  time  it  consolidated  the  forces  in  favour  of  the 
total  repeal,  or,  if  that  were  impossible,  of  considerable 
modification  of  existing  laws  respecting  labour.     There 
was  unity  of  purpose,  moreover,  dissension  as  to  objects 
being  practically  unknown.     We  were  as  one  also  as  to 
methods  and  means.     The  leaders  had  no  personal  axe  to 
grind  ;  they  had  no  millennium  to  propose  or  Utopian 
scheme    to   advance  ;    they    simply    desired    just    laws, 
equality  before  the  law  of  hirer  and  hired,  of  employers 
and  workmen,  and  for  this  object  they  worked. 

8.  Strikes:  Labourers,  Miners,  and  Ironworkers. — The 
year  1874  was  one  of  unrest  in  several  large  industries, 
notably  in  connection  with  the  rural  population.     The 
agricultural  labourers,  so  long  the  serfs  of  the  soil,  had 
been  organising,  and  were  now  engaged  in  a  struggle  for 
an  advance  in  wages,  and  for  better  conditions  of  labour 
generally,  and  to  a  considerable  extent  they  were  success- 
ful.    Joseph  Arch  had  become  a  power  ;  his  name  was 
one  to  conjure  with  ;    his  services  were  in  demand  by 
prominent  men  in  the  Liberal  Party  for  political  purposes. 
During  the  strikes  in  various  rural  districts,  the  artisans 
and    mechanics   of  the   towns   contributed    liberally    in 
support  of  that  movement.1     Miners   and    ironworkers 

1  For  account  of  the  Agricultural  Labourers'  Movement,  see  Chap. 
XXVI. 


356  LABOUR   LEGISLATION 

were  engaged  in  severe  labour  struggles,  chiefly  to  maintain, 
as  far  as  possible,  the  high  rates  of  wages  won  from  1 870  to 
1873,  when  "commerce  and  trade  advanced  by  leaps  and 
bounds."  Those  strikes  met  with  varying  success.  The 
downward  trend  of  wages  could  not  be  resisted,  but  the 
effects  were  modified  by  the  stubborn  attitude  of  the  men. 
There  was,  however,  a  remarkable  absence  of  strikes 
among  the  mechanics  and  artisans  of  our  towns,  due 
possibly  to  their  powerful  organisations,  for  attempts  to 
reduce  wages  were  comparatively  few.  Indeed,  in  one 
considerable  group  of  industries,  namely,  the  building 
trades,  employment  continued  good  for  three  or  four  more 
years  ;  in  those  branches  wages  had  an  upward  tendency 
from  1873  to  1878  in  many  parts  of  the  country. 

9.  Parliamentary  Committee's  Report  for  1874. — The 
Seventh  Trades  Union  Congress  was  fixed  to  meet  on 
January  i8th  to  23rd  inclusive,  1875,  at  Liverpool.  The 
report  of  the  proceedings  of  the  Committee  dealt  with  the 
several  matters  remitted  to  its  care,  the  record  of  which 
may  be  briefly  summarised.  It  referred  to  the  General 
Election — its  suddenness  ;  defeat  of  the  Government, 
converting  a  Liberal  majority  of  sixty-four  into  a  mino- 
rity of  sixty,  giving  a  powerful  majority  to  Mr.  Disraeli 
over  Mr.  Gladstone  ;  and  to  the  loss  of  Messrs.  Thomas 
Hughes,  J.  Hinde  Palmer,  Walter  Morrison,  and  Andrew 
Johnstone,  all  supporters  of  Liberal  legislation  for  labour. 
On  the  other  hand,  Messrs.  Alexander  Macdonald, 
Thomas  Burt,  and  C.  H.  Hopwood  were  elected  as  a 
set-off  to  our  losses.  The  Committee  had  arranged  with 
Sir  William  Harcourt  to  bring  forward  a  motion  in  the 
House  dealing  with  conspiracy,  the  Criminal  Law  Amend- 
ment Act,  and  the  Master  and  Servant  Act,  which  Sir 
Henry  James  and  Mr.  A.  J.  Mundella  had  agreed  to 
support  ;  but  the  announcement  in  the  Queen's  Speech 
of  the  intention  of  the  Government  to  appoint  a  Royal 
Commission,  led  to  the  abandonment  of  the  proposed 
motion.  The  Juries'  Bill,  substantially  the  same  as  the 
Bill  of  the  late  Government,  was  introduced,  the  second 
reading  being  carried  on  April  22nd.  The  Bill  went  into 


A   WAITING   POLICY  357 

Committee  on  May  I4th.  One  clause,  as  passed  by  the 
Committee,  gave  power  to  the  prosecutor  to  have  the  case 
tried  by  a  special  jury,  against  the  will  of  the  accused. 
Mr.  C.  H.  Hop  wood  fought  that  clause,  as  it  would 
enable  an  employer  to  try  his  workmen  by  a  special  jury. 
In  consequence  of  this  opposition  the  clause  was  with- 
drawn. 

10.  Measures   in   Abeyance. — In    consequence    of   the 
crowded  state  of  public  business  in   1 8  74,  the  Committee 
were  unable  to  make  any  progress  with  the  question  of 
the  summary  jurisdiction  of  magistrates,  or  the  amend- 
ment of  the  Small  Penalties  Act.     No  action  or  step  was 
therefore    taken  in  the    House  of   Commons    on    either 
subject.     The   proposed  Compensation  for  Injuries  Bill, 
promised    on    behalf  of  the    late    Government,    by    Mr. 
Chichester    Fortescue  (afterwards  Lord   Carlingford)    in 
1872,  and   again  in    1873,   dropped  with  the  change  of 
Ministry,  and  the  new  Government  took  no  action.     Mr. 
Bass,  member  for  Derby,  had  prepared  a  Bill,  but  this 
was    not    introduced.     Sir    Edward    Watkin,    however, 
brought   in    a  Bill  which  the  Committee  felt   bound    to 
oppose.     It  did  not  sufficiently  amend  Lord  Campbell's 
Act,  and  it  proposed  limitations  which  were  regarded  as 
most    unsatisfactory.     The   Shop   Assistants'    Hours    of 
Labour  (Early  Closing)  Bill  was  not  introduced,  but  Mr. 
Samuel  Morley,  M.P.,  called  a  conference  of  shopkeepers 
and  employers  in  London  on  March   2oth,  to  consider 
the  measure.     With  certain  modifications  the  conference 
approved  of  the  Bill.     It  proposed  to  limit  the  hours  of 
females,  and  young  persons  of  both  sexes,  under  twenty- 
one  years  of  age,  to  sixty  hours  per  week.     No  action 
could  be  taken  to  amend  the  Trade  Union  Act,  1871, 
although   the   ex-Home  Secretary,  Mr.   Lowe,  had  inti- 
mated his  agreement  with  the  Committee  on  the  subject.1 

1 1 .  Prevention  of  Loss  of  Life  at  Sea. — Mr.  Plimsoll's 
Merchant   Shipping  Bill  was  brought  in  on  March   20, 
1874.     It  had  the  cordial  support  of  the  Parliamentary 
Committee,  and  I  was  constantly  at  the  House  to  assist 

1  See  Pars.  3-6,  on  Friendly  Societies'  Bill. 


35^  LABOUR  LEGISLATION 

in  furthering  that  and  other  measures.  The  Bill  was 
substantially  the  same  as  that  of  1873,  but,  at  the  sug- 
gestion of  several  shipowners,  he  was  induced,  against  his 
better  judgment,  to  modify  the  clause  relating  to  the  load- 
line.  Then  some  of  the  shipowners  who  had  urged  the 
modification,  opposed  the  Bill  as  ineffective,  because  of 
the  change  which  Mr.  Plimsoll  had  consented  to  make. 
Human  nature  is  very  curious,  especially  as  exemplified 
in  the  House  of  Commons.  On  June  24th  Mr.  Plimsoll 
moved  the  second  reading.  Mr.  Forsyth  seconded,  Mr. 
Samuda  and  Mr.  (now  Sir  Edward)  Reid  supported. 
The  motion  was  lost  by  only  three  votes — for  170, 
against  173 — although  the  whole  force  of  the  Government 
was  used  against  the  measure.  Mr.  Disraeli  was,  on 
July  2nd,  requested  to  receive  a  deputation  on  the 
subject  ;  on  the  loth  he  replied  that  he  was  too  busy, 
but  would  consider  any  document  or  statement  which  the 
Committee  might  see  fit  to  send  to  him.  A  carefully 
prepared  statement  was  sent  to  him  on  August  ijth, 
copies  of  which  were  sent  to  the  trades.  The  shipping 
trades  of  Liverpool  sent  a  series  of  suggestions  as  a  basis 
for  a  Bill,  which  suggestions  had  the  support  of  the  Liver- 
pool Trades  Council.1 

12.  Miscellaneous  Questions. — The  Committee  reported 
the  request  of  the  Universal  League  of  Corporate  Work- 
men to  send  a  delegate  to  the  Geneva  Congress,  which 
they  refused,  as  the  character  of  the  Association  was  not 
quite  clear,  whether  it  was  a  in  the  sense  in  which  we  use 
the  term,  a  federation  of  trade  unions. "  Twelve  labour 
representatives,  in  as  many  constituencies,  were  candi- 
dates at  the  General  Election,  and  went  to  the  poll ;  five 
of  these  were  members  of  the  Parliamentary  Committee. 
Two  only  were  elected,  viz.,  Mr.  Alexander  Macdonald 
for  Stafford,  and  Mr.  Thomas  Burt  for  Morpeth.  The 
subject  of  a  federation  of  the  trades  had  been  considered, 
but  the  committee  were  unable  to  make  any  proposals 
thereon.  Technical  education  had  also  been  considered, 
and  some  assistance  had  been  rendered  to  the  Society  of 
1  See  "  Our  Seamen— The  Plimsoll  Movement,"  Chap.  XXVII. 


A   WAITING   POLICY  359 

Arts  in  their  technological  examinations.1  A  brief  report 
was  also  presented  on  the  Labour  Laws  Commission,  but, 
as  the  Final  Report  was  not  issued,  no  suggestions  could  be 
made.  The  Committee,  however,  reiterated  their  decision 
as  to  giving  evidence,  maintaining  its  attitude  towards 
the  Commission  from  the  first.  The  programme  pre- 
sented for  the  following  year,  1875,  embraced  twelve 
subjects,  all  of  which  had  been  endorsed  by  previous 
Congresses,  the  measures  relating  thereto  not  having 
been  carried.  In  that  year,  on  October  1 5th,  William 
Allan,  the  treasurer,  passed  away,  to  the  deep  regret  of 
all  who  knew  him. 

13.  The  Trades  Union  Congress,  1875. — The  Seventh 
Trades  Union  Congress  met  in  Liverpool  on  January  18, 
1875.  There  were  151  delegates,  representing  107  trade 
unions  and  trades  councils,  with  an  aggregate  of  818,032 
members.  The  report  of  the  Parliamentary  Committee 
was  unanimously  adopted,  and  the  Committee  were 
heartily  thanked  for  their  services  during  the  past  year. 
Mr.  Henry  Crompton  read  an  admirable  paper  on  the 
"  Law  of  Conspiracy,"  which  was  published.  Strongly 
worded  resolutions  were  passed  condemnatory  of  the 
Criminal  Law  Amendment  Act,  the  Conspiracy  Laws, 
and  the  Master  and  Servant  Act.  During  the  discussion 
a  London  delegate  accused  members  of  the  Parliamentary 
Committee  of  opposing  the  Royal  Commission  because 
they  were  not  chosen  to  be  on  that  body.  The  members 
of  the  Committee  repudiated  the  charge.  Congress 
demanded  an  inquiry,  which  the  Committee  supported. 
A  committee  was  by  resolution  then  appointed,  with  the 
result  that  the  delegate  was  expelled  from  the  Congress, 
as  he  could  give  no  evidence  whatever  in  support  of  his 
allegations.  On  the  last  day  of  Congress  the  expelled 
delegate  alluded  to  addressed  to  the  chairman  an  apology 
for  having  made  the  statements,  which  he  withdrew,  and 
expressed  regret  for  having  made  them.  The  Congress 
thereupon  rescinded  that  part  of  the  resolution  which 

1  For  my  work  in  that  connection  I  was  presented  with  two  sets  of 
volumes,  in  1875  and  1876  respectively,  by  the  Society  of  Arts. 


360  LABOUR   LEGISLATION 

excluded   the  said  delegate  from  all  meetings   of  future 
Congresses. 

14.  Next    Congress,  Election    of   Committee,  &c. — The 
Congress,  by  resolution,  changed  the  dates  at  which  Con- 
gresses in  future  should  meet,  from  January  to  September. 
It  passed  resolutions  in  favour  of  arbitration   in  labour 
disputes,    of  postal   employees,   urging  a    committee    of 
inquiry  ;  of  sympathy  with  the  South  Wales  miners  and 
ironworkers  in  their  dispute  ;  and  the  gas-tube  makers  at 
Walsall  and  Wednesbury,  in  opposition  to  the  increase 
of  working  hours  from  nine  to  ten  per  day  ;   in  favour  of 
co-operation,  and  of  a  measure  in  favour  of  boiler  inspec- 
tion, &c.     Special  resolutions  were  also  passed  in  favour 
of  labour  representation,  on  the  Truck  system,  workshops 
regulation,  compensation  for  injuries,  and  other  subjects. 
Glasgow  was  selected  as  the  meeting-place   of  the   next 
Congress,  to  be  held  in  September,  1875.     Mr.  Daniel 
Guile  was  re-elected  treasurer  in  the  place  of  Mr.  William 
Allan,  deceased,  and  Mr.  George  Howell,  as  secretary  of 
the     Parliamentary     Committee.     There     was    complete 
unanimity    as    regards    the    programme    for   the  ensuing 
Session,  and  the  Committee  had  so  completely  vindicated 
their  conduct  that  very  little  change  was  made  in  its  com- 
position   of  that  body,    except   that  which    was    due   to 
resignations,   by    Mr.    Alexander   Macdonald,   M.P.,  on 
account    of    duties   in    the    House,    Mr.    Joseph    Arch, 
and  Thomas  Mottershead,  by  reason  of  another  of  the 
same    trade    being    elected.      There    were    no    divided 
opinions  as  to  measures,  or  methods  of  action,  either  in 
the    Congress    or    in    the    newly    elected     Parliamentary 
Committee. 

15.  The  Session  of    1875. — The   "Labour   Laws  "of 
1875  were  of  such  supreme  importance  that  they  demand 
a  whole  chapter.      Meanwhile,  the  several  other  measures 
relegated   to  the    Parliamentary  Committee  need  only   a 
brief  statement  to  continue  in  due  order  the  narrative  at 
that  date,     (i)  The  Committee  inquired  into  the  great 
lock-out  in  South  Wales,  whereby  it  was  computed  that 
100,000  persons  were  deprived  of  their  living;  and  also 


A  WAITING   POLICY  361 

into  the  allegations  in  the  newspapers  that  "  the  ruin  "  in 
the  iron  and  steel  industries  had  been  brought  about  by 
the  trade  unions  and  their  leaders.  A  report  on  the 
subject  was  prepared  and  published,  in  which  the 
accusations  alluded  to  were  denied  and  rebutted.  It 
was  stated  in  that  report  that  the  chief  of  the  bankrupt 
firm  lived  at  the  rate  of  £40,000  a  year  ;  such  extravagant 
and  unwise  expenditure  had  caused  the  stoppage  of  the 
works.  That  and  other  failures  severely  commented 
upon  in  the  newspapers  of  the  time  were  dealt  with  in 
the  report.  (2)  The  Friendly  Societies*  Consolidation 
Act  (38  and  39  Viet.,  c.  60)  was  passed  this  year,  but 
as  the  proposals  in  the  Bill  of  1874  to  repeal  the  Trade 
Union  Act  had  been  dropped,  the  Committee  did  not  feel 
called  upon  to  intervene  to  any  large  extent.  The  matter 
was  in  the  hands  of  an  able  and  efficient  Committee  of  the 
various  Friendly  Societies,  whose  labours  were  unremitting 
to  make  the  measure  effective  for  its  purposes.  The 
Parliamentary  Committee  did,  however,  protest  against 
the  reduction  of  the  death  benefit  in  the  case  of  children 
from  £6  to  £3  by  the  House  of  Lords,  and  the  Commons 
restored  the  amount  to  £6. 

1 6.  (3)  Various  other  Measures. — With  respect  to  the 
Trade  Union  Act,  1871,  the  amendments  which  the 
Parliamentary  Committee  had  submitted  to  the  Home 
Secretary,  April  27,  1874,  and  to  him  again  and  to  the 
Chancellor  of  the  Exchequer  on  November  18,  1874,  at 
deputations  on  those  dates,  had  been  assented  to,  and  these 
had  been  incorporated  in  the  Friendly  Societies'  Consolida- 
tion Act,  1875.  The  Committee  did  not  complain  of 
the  Trade  Union  Act,  they  only  wanted  to  amend  it  in 
certain  matters  of  detail,  relating  to  the  investment  of 
funds,  duties  of  trustees,  and  some  other  minor  points. 
(4)  Sir  Edward  Watkin  reintroduced  his  Compensation 
for  Injuries  Bill,  amended  in  some  particulars  ;  but  the 
Bill  was  not  such  as  the  Parliamentary  Committee  could 
support,  because  of  its  limitations.  It  was  indeed  too 
much  of  a  Railway  Compensation  Bill  for  them  to  aid  in 
passing.  Mr.  Alexander  Macdonald  had  charge  of  the 


362  LABOUR   LEGISLATION 

subject  in  the  House,  and  he  could  not  endorse  Sir 
Edward  Watkin's  Bill.  The  Committee  consulted  also  the 
Council  of  the  Amalgamated  Society  of  Railway  Servants 
on  the  matter,  and  they  agreed  as  to  the  inadequate 
nature  of  the  measure.  (5)  The  question  of  Truck  could 
not  be  reopened  during  the  Session,  but  it  was  reported  to 
Congress  that  the  short  Act  of  1874  and  the  Inquiry  and 
Report  of  the  Royal  Commission,  together  with  the  report 
of  the  Select  Committee  of  1874,  had  well-nigh  killed  the 
practice,  at  least  in  its  grosser  forms. 

17.  (6)  Other  Measures — continued. — The  Parliamentary 
Committee  co-operated   with  the  Inventors*  Institute  in 
respect  of  an  amendment  of  the  Patent  Laws.     The  Lord 
Chancellor  introduced  a  Bill  on  the  subject,  but  it  did  not 
meet   the  requirements  of  the  case.      Conferences  were 
held  and  deputations  were  sent  to  the  Lord  Chancellor 
and  the  President  of  the  Board  of  Trade  on  the  matter. 
The  Trade  Councils  of  the  chief  centres  of  industry  co- 
operated with  the  Committee  and  the  Inventors'  Institute 
in  opposing  the  Bill  as  introduced,  with  the  result  that  it 
was  withdrawn  when  it  reached  the  House  of  Commons. 
The  subject  was  revived  in  the  following  year.     (7)  The 
Summary  Jurisdiction  of  Magistrates,  the  Jury  Laws,  and 
the  Small  Penalties  Act  had  been  again  relegated  to  the 
Committee,  but  nothing   further  could  be  done  than  to 
prepare  and  forward  to  the  Home  Secretary  a  memorial 
on  the  subject.  Confidence  was  expressed  that  Sir  Richard 
Cross  would  deal  sympathetically  with  the  matter  when 
opportunity   offered.     (8)  The   Committee  attended  the 
Co-operative  Congress  in  London  with  the  view  of  securing 
more  hearty  co-operation  in  matters  of  mutual  interest  to 
trade  unions  and  co-operative  societies. 

1 8.  (9)  Merchant  Shining  Bill,  1875. — The  Govern- 
ment, according  to  promise,  reintroduced  their  Merchant 
Shipping  Bill,  amended  in  some  particulars,  on  February 
8th.     But  the  measure  was  found  to  be  so  defective  and 
inadequate  that  Mr.  Plimsoll  introduced  a  Bill  to  remedy 
defects    in   the  Government    measure.     He    desired  two 
essential  things  :    (a)  the  protection  of  life  at  sea,  and  (b) 


A   WAITING   POLICY  363 

the  protection  of  seamen  from  the  harsh  conditions  under 
which  they  served,  more  severe  than  even  under  the  worst 
features  of  the  Master  and  Servant  Act.  He  tried  to 
give  to  them  protection  under  the  Labour  Laws,  in  cases 
of  breach  of  contract,  when  their  lives  were  endangered, 
by  his  amendment  in  Committee,  on  July  2ist,  but  was 
ruled  out  of  order ;  and  when  the  Merchant  Shipping  Bill 
was  withdrawn  on  the  day  following,  July  22nd,  he  accused 
some  shipowners  of  being  "  villains  who  sent  their  sailors 
to  death/'  for  which  he  was  called  to  order,  Mr.  Disraeli 
moving  that  he  be  reprimanded  by  Mr.  Speaker.  It  was 
not  then  pressed,  and  at  the  end  of  a  week  an  apology  was 
accepted.1 

19.  Hague  and  Another  v.  Cutler. — The  one  case  that  did 
much  to  seal  the  fate  of  the  Master  and  Servant  Act, 
1867,  was  the  case  of  Hague    and   Another  v.   Cutler. 
Lord  Elcho  (now  Earl  Wemyss)  appears  to  have  thought 
that  his  Act,  of  1867,  was  the  perfection  of  law  as  regards 
contracts  of  hiring  and  of  service,  other  than  domestic 
service.     He  was  doubtless  supported  in  that  view  by  the 
flattering  speech  of  the  Prime  Minister,  Mr.  Disraeli,  in 
praise  of   the  Act.      It  was  indeed  a  good  measure  as 
compared  with  what  the  law  was  at  that  date,  and  the 
noble  lord  deserves  great  credit  for  his  preponderating 
share  in  the  work.     Nevertheless  the  Act  was  not  perfect, 
was  in  fact  very  defective,  as  the  case  in  question  will 
show. 

20.  Operation  of  Master  and  Servant  Act. — The  facts  of 
the  case  were  briefly  these.    William  Cutler  was  a  fire-iron 
forger,  and  being  an  excellent  workman,  his  employers, 
Messrs.   Hague  and  Co.,   in   1871,    entered    into  a  five 
years'  contract  with  him,  to  secure  his  services  to  the  firm. 
His  agreement  provided  that  "  the  usual  prices  allowed  by 
those  in  the  same  trade  for  similar  work,"  should  be  paid 
to  him.     In  1872-3  the  workmen  in  the  same  branch  of 
trade   in  Birmingham  obtained   20   per  cent,  advance  in 
wages.     In  Dudley  and  district   10  per  cent,  was  given, 
and  the   men  were  agitating  for  a  further   10  per  cent. 

'  See  "  Our  Seamen,"  &c.,  Chap.  XXVII. 


364  LABOUR   LEGISLATION 

The  Sheffield  men  made  a  demand  for  an  advance  of  20 
per  cent,  in  1873,  Cutler  being  one.  As  the  advance  was 
not  granted,  the  men  ceased  work.  After  three  weeks' 
absence  from  work  the  firm  summoned  Cutler,  under  the 
Master  and  Servant  Act,  for  ^15  damages.  The  Court 
reduced  the  amount  to  £11  8s.,  which  Cutler  was 
ordered  to  pay.  This  he  paid.  As,  however,  he  did  not 
return  to  work,  the  firm  took  out  another  summons, 
claiming  fulfilment  of  the  contract.  The  court  ordered 
that  the  contract  be  fulfilled.  He  refused  unless  the 
advanced  rate  was  conceded  to  him.  He  was  then 
sentenced  to  three  months'  imprisonment  ;  this  term  he 
served  in  Wakefield  Gaol.  Eighteen  days  after  his  release 
he  was  again  summoned  for  non-fulfilment  of  contract,  but 
as  the  Act  provided  that  the  maximum  "  term  of  imprison- 
ment, whether  under  one  of  successive  committals,  should 
not  exceed  in  the  whole  the  period  of  three  months,"  it 
was  held  to  be  an  answer  to  the  claim  for  the  fulfilment  of 
the  contract.  But  the  stipendiary  had  power  to  alter  the 
terms  of  the  summons,  and  the  complainant  therefore 
proceeded  to  claim  compensation.  Defendant's  counsel 
argued  that  the  order  for  compensation  in  the  first  instance, 
the  amount  being  paid,  was  a  bar  to  further  proceedings. 
The  magistrates  decided  otherwise,  and  thereupon  made 
order  for  the  payment  of  a  further  sum  of  ^11  8s.,  as 
on  the  first  summons. 

21.  The  Appeal:  Order  of  Court  Confirmed. — That 
decision  was  regarded  as  monstrous,  and  therefore  it  was 
determined  to  appeal.  A  committee  was  formed  and  the 
case  was  taken  to  the  Court  of  Queen's  Bench.  The 
case  was  heard  on  June  3rd  before  Mr.  Justice  Lush  and 
Mr.  Justice  Archibald,  Mr.  Hopwood  appearing  for  the 
appellant,  Cutler.  The  court  upheld  the  decision  of  the 
magistrate,  with  costs  against  the  appellant.  Thus 
the  man  had  paid  damages  in  the  first  instance,  had 
suffered  three  months'  imprisonment  in  the  second,  and 
then  had  to  pay  further  damages  and  costs — three  separate 
penalties  for  the  breach  of  one  contract,  and  that  contract 
not  annulled.  The  committee  who  fought  the  case 


A   WAITING   POLICY  365 

included  Mr.  Mundella,  M.P.,  and  Mr.  E.  Jenkins,  M.P.; 
Admiral  Maxse  ;  Messrs.  Thomas  Hughes,  Frederic 
Harrison,  H.  Crompton,  W.  Mackenzie,  and  F.  W. 
Campin  (barristers)  ;  Professor  Beesly,  William  Allan,  and 
George  Howell  (Parliamentary  Committee)  ;  Messrs.  D. 
Guile,  R.  Applegarth,  George  Odger,  H.  Broadhurst,  and 
other  representatives  of  several  trade  unions. 


CHAPTER   XXXV 

THE      LABOUR      LAWS,      1875:      "  THE      WORKMEN'S 


CHARTER ' 


IN  the  Queen's  Speech  at  the  opening  of  the  Session 
of  1875  ^e  Government  announced,  among  other 
measures,  their  intention  to  introduce  a  Bill  or  Bills 
dealing  with  the  Labour  Laws.  But  the  Parliamentary 
Committee  were  apprehensive  of  non-fulfilment,  especially 
as  the  Royal  Commission  had  not  finally  reported.  I  felt 
personally  anxious  because  my  health  was  breaking  down 
by  the  continual  mental  and  physical  strain  (late  hours  at 
the  House  of  Commons,  public  meetings  in  London  and 
the  provinces,  literary  work  in  connection  with  labour 
measures,  and  illness  in  my  home)  to  which  I  was  sub- 
jected. I  ascertained  that  the  Commissioners  had  agreed 
upon  and  signed  their  Report  as  early  as  February  I7th, 
but  a  long  delay  occurred  before  it  was  issued.  How- 
ever, I  was  able  to  obtain  an  early  copy  long  before 
publication,  so  that  I  was  enabled  to  examine  every 
detail  and  prepare  a  report  for  the  Committee,  which 
report  was  published  almost  simultaneously  with  the  official 
issue  of  the  Final  Report  of  the  Royal  Commission.  My 
report  was  indeed  ready  by  February  2Oth,  but  the  Com- 
mittee could  not  in  honour  anticipate  that  of  the  Royal 
Commission.  Copies  of  our  report  were  sent  to  the 
members  of  the  Royal  Commission,  to  the  Home  Office, 
to  other  members  of  the  Government  and  of  the  House 
of  Commons,  to  the  newspapers,  and  to  trade  unions  all 
over  the  country.  There  was  no  secrecy  about  our  pro- 
see 


THE   LABOUR    LAWS,    1875  367 

ceedings,  no  reticence  as  to  our  opinions,  no  ambiguity 
respecting  our  objects. 

1 .  Final  Report — Action  of  'Parliamentary  Committee. — 
The  delay  in  the   publication  of  the  Final   Report  was 
excused    by  the  Government  on    the  ground  that  they 
required  time  to  examine  and  digest  it.     After  its  pub- 
lication further  time  elapsed  to  enable  members  of  the 
House  of  Commons  to  inspect  it — some  few  to  read  and 
carefully  consider  it.     In  the  meantime  the  Parliamentary 
Committee  were   busy  consulting  friends   of   the  labour 
movement  not  in  the  House  and  in  interviewing  members 
of  the  House.     As  their  representative  and  mouthpiece 
I  was  almost  daily  in  the  Lobby  consulting  members  and 
urging    action,    as    the    Session    was    fast    gliding    away. 
Members  of  Parliament  hesitated  to  move  lest  it  should 
appear  that  they  were  too  pressing  upon  the  Government. 
Inaction  was  felt  by  us  to  be  depressing.     At  last  some 
questions  were  put  in  the  House,  but  all  the  reply  we 
could  get  was  that  the  Government  had  the  matter  under 
consideration.     Weeks  thus  passed  in   uncertainty.     At 
last  the  Committee  decided  that  I  should  ask  Mr.  Cross 
to   receive    a   deputation  on  the  subject.     Some  of  our 
friends  thought  us  premature,  but  the  Home  Secretary 
cheerfully  assented  to  receive  a  deputation.     The  inter- 
view took  place  on  April   27th,  when   a  memorial  was 
presented  reviewing  the  whole  subject.     Mr.  Cross  assured 
the  deputation  that  legislation  should  take  place  during 
the  Session.     There  was  no  intention  of  unduly  delaying 
it,  but  time  was  essential  to  a  full  consideration  of  the 
matter.     A  report  of  the  deputation,  together  with  copy 
of  the  memorial,  was  printed  and  widely  circulated,  copies 
being  sent  to  members  of  Parliament,  the  Press,  and  to 
trade  societies. 

2.  Character  of  Report. — There  is  no  occasion  to  dwell 
at  any  length  upon  the  "  Second  and  Final  Report  of  the 
Royal  Commission."     It  was  fortunately  thrust  aside  by 
the  Government,  their  Bills  being  far  in  advance  of  that 
Report.     The  hand  of  the  lawyer  is  evident  throughout. 
Sir  Alexander  (afterwards  Lord)  Cockburn  was  doubtless 


368  LABOUR    LEGISLATION 

the  author  of  the  Draft  Report,  which  was  signed  by  all 
his  colleagues — Baron  Winmerleigh,  E.  P.  Bouverie, 
Russell  Gurney,  Montague  Smith,  J.  A.  Roebuck, 
Thomas  Hughes,  and  Gab.  Goldney — except  Alexander 
Macdonald,  who  presented  a  separate  report.  The  recom- 
mendations in  the  Majority  Report  were  three  :  (i)  To 
abolish  the  penal  clauses  of  the  Master  and  Servant  Act ; 
(2)  to  retain  the  Criminal  Law  Amendment  Act,  with 
a  slight  modification  ;  and  (3)  slightly  to  limit  the 
operation  of  the  Law  of  Conspiracy.  Mr.  Macdonald 
expressed  dissatisfaction  with  each  conclusion  ;  the  Master 
and  Servant  Act  required  more  drastic  treatment  ;  the 
Criminal  Law  Amendment  Act  should  be  repealed  ;  and 
as  regards  conspiracy  he  endorsed  Sir  Wm.  Harcourt's 
Bill  of  1873.  ^n  conclusion,  he  quoted  the  Report  of 
Messrs.  Thomas  Hughes  and  Frederic  Harrison  in  the 
1867  Commission  as  to  the  unwholesome  character  of 
class  legislation  with  exceptional  penalties.  The  inquiry 
and  Report  were  failures.  The  evidence  was  restricted 
in  character,  the  conclusions  were  meagre  and  totally 
inadequate.  The  Royal  Commission  did  not  help  the 
Government  except  to  give  them  breathing  time.  It 
doubtless  caused  the  Home  Secretary  considerable  dis- 
quietude, for  he  of  all  the  Ministers  had  a  difficult  task, 
with  the  ex-Home  Secretary  (Mr.  Lowe)  and  the  ex-Law 
Officers  of  the  Crown  (Sir  Henry  James  and  Sir  William 
Harcourt)  on  the  warpath  in  warlike  attire  at  his  heels. 

3.  The  Government  Measures. — Weeks  glided  by  ;  the 
Easter  and  Whitsuntide  holidays  had  passed,  and  yet  the 
Government  made  no  sign.  We  felt  not  only  anxious, 
but  disappointed  and  depressed.  We  began  to  fear  that 
the  Session  would  end  in  the  non-fulfilment  of  the  pro- 
mises made  by  Mr.  Cross.  Nevertheless,  his  character 
and  his  conciliatory  conduct  sustained  us  in  the  hope  that 
he  would  redeem  the  solemn  promises  which  he  had 
made  and  the  pledges  he  had  given.  At  length,  on 
Tuesday,  June  loth,  the  Home  Secretary  introduced 
his  measures,  thereafter,  when  carried,  termed  the 
"Labour  Laws" — namely,  the  Employers  and  Work- 


THE   LABOUR   LAWS,   1875  369 

men  Bill  and  the  Conspiracy  and  Protection  of  Property 
Bill,  which  were  read  a  first  time.  The  Home  Secretary's 
speech  displayed  great  ability  and  a  complete  mastery  of 
the  subject.  It  was  not  only  conciliatory,  but  sympathetic. 
It  evinced  a  desire  to  do  justice  and  to  redeem  to  the  full 
all  the  promises  he  had  made.  In  tone  and  sentiment  it 
was  comprehensive  and  liberal  ;  by  the  House  it  was  well 
received.  From  my  seat  under  the  gallery,  as  I  viewed 
the  scene,  I  could  not  but  contrast  it  with  the  debates  on 
the  Criminal  Law  Amendment  Act  in  1871,  when  the 
general  feeling  was  that  the  meagre  concessions  then  made 
were  in  advance  of  what  trade  unionists  deserved.  Now 
the  tone  of  the  debate  was  different.  Suspicion  and  dis- 
trust seemed  to  be  absent.  The  idea  of  doing  justice  and 
showing  mercy  appeared  to  be  blended.  Mr.  Cross  had 
dished  the  Whigs  once  again. 

4.  The  Tress  and  the  Labour  Bills. — One  of  the  many  odd 
things  connected  with  the  labour  legislation  of  1875  was 
the  sudden  conversion  of  the  newspaper  and  journalistic 
press.  Instead  of  denunciation  there  was  general  com- 
mendation. Those  papers  and  journals  which  supported 
the  Criminal  Law  Amendment  Act,  1871,  and  which  for 
the  ensuing  three  years  denounced  trade  union  leaders, 
trade  unions,  and  all  their  doings,  supported  Mr.  Cross 
as  though  his  present  policy  had  been  that  of  the  journals, 
&c.,  aforesaid  all  the  time.  The  Times  described  the 
attitude  of  employers  as  remarkable  in  acquiescing  in  the 
change.  Indeed  it  was  a  remarkable  turnover.  But  the 
employers'  organ,  Capital  and  Labour ',  did  not  acquiesce. 
It  fought  a  manly  battle,  generally  with  good  temper, 
always  with  ability,  but  sometimes  with  an  acerbity 
characteristic  of  defeat.  That  paper  fought  valiantly 
for  the  employers  ;  the  Beehive  represented  the  trade 
unions  and  workmen.  Outside  of  these  the  newspaper 
press  took  sides  according  to  circumstances.  As  a  general 
rule  the  attitude  assumed  was  not  wholly  unfavourable. 
A  change  had  come  o'er  the  spirit  of  the  dream.  Instead 
of  "  slogging  articles  "  against  the  tyranny  of  trade  unions 
and  bitter  remarks  against  the  leaders,  there  was  tender- 

25 


370  LABOUR   LEGISLATION 

ness  of  treatment  quite  unusual  in  its  character.  This 
attitude  helped  the  Government  and  promoted  the  cause 
of  labour.  The  fact  is,  the  Press  and  the  public  had  got 
a  little  tired  of  the  question.  Labour  leaders  had  been 
much  in  evidence  for  ten  or  fifteen  years.  They  could 
not  be  put  down,  but  they  could  be  quieted  by  legislative 
concessions,  and  for  these  the  time  had  come. 

5.  First  Reading  of  Government  Measures. — Members 
of  the   House    prudently  abstained  from  discussing  the 
Bills  on   the  first  reading.     The  Minister  in  charge  of  a 
measure  always  contrives  to  make  a  rose-coloured  state- 
ment  on   such   occasions  ;    he  minimises  its  defects  and 
maximises  its  advantages.     Members  have  not  the  actual 
proposals  before  them,  so  that  any  expression  of  opinion 
as  to  their  merits  is  premature.     On  that  occasion  Mr. 
C.  H.  Hop  wood  said  that  "  the  law  as  it  then  stood  was 
merely  a  trap  for  men  who  earnestly  desired    to    keep 
within    its    provisions."     Lord    Robert    Montague,   who 
had  been  converted  to  trade  unionism  by  some  of  us  in 
the  early  sixties,  and  had  presided  at  one  of  our  meetings 
in  St.  Martin's  Hall,  urged  that  trade  unions  ought  to 
have   more  power.     Parliament   had  tried   to  put    them 
down,  but  failed.     Mr.  Macdonald  thanked  the  Home 
Secretary  for  redeeming  pledges  given,  and  Mr.  Kinnaird 
thanked  the  Government  for  dealing  with  the  subject. 

6.  Second  Reading. — This  stage  was  not  reached  until 
June  28th.     Mr.  Cross  had,  with  the  instincts  of  a  true 
statesman,  kept  his  "  Civil  Bill "  (Employers  and  Work- 
men) well  to  the  forefront.     It  presented  the  lines  of  least 
resistance.     It  proposed  to  abolish  the  penal  provisions  in 
the  old  Master  and  Servant  Acts,  and  to  substitute  there- 
for  civil  procedure,  remedies,  and  penalties.     The  Home 
Secretary  wisely  abstained  from  addressing  the  House  on 
the  second  reading.     He  left  his  speech  on  the  introduc- 
tion of  the  Bills  to  explain  his  attitude,  and  did  not  feel 
called  upon  to  supplement  it.     He  had  no  desire  to  pro- 
long the  debate.     The  end  of  June  had  been  reached,  and 
time  was  of  value  if  the   measures  were  to  be  carried. 
Silence,  then,  was  golden. 


THE    LABOUR   LAWS,    1875  371 

7.  The    Debate. — Lord  Robert  Montague  led   off  the 
debate.     He  eulogised  trade  unions,  and  condemned  the 
coercive  legislation  which  applied  to  them.     He  thought 
that  the   Employers  and  Workmen  Bill  did  not  go  far 
enough,  and  that  the  Conspiracy  Bill    was  mischievous. 
Mr.  Lowe  followed  in  a  speech  at  once  conciliatory  and 
critical.    He  suggested  various  amendments  in  the  measures 
before  the  House,   but  stated  that  rather  than  risk  not 
passing  the  Bills,  he  would  not  press  them  in  the  Committee 
state.     He  intimated  the  nature  of  his  subsequent  amend- 
ment, but  did  not  express  its  terms.     He  deprecated  class 
legislation    as    to    labour,    as    regards   threats,   following, 
picketing,  &c.  ;  these  matters  ought  to  be  dealt  with,  and 
were  dealt  with  by  the  General   Law.     His  speech  was 
broad,    liberal,    sagacious,    and    generally    favourable    to 
labour.     Lord  Elcho  supported  the  measure,  and  at  the 
same  time  eulogised  his  own  Act  of  1867.     He  claimed 
more  for  the  Act  than  it  deserved ;  he  quoted  the  Times 
as  his  authority  for  saying  that  "  it  removed  the  last  rag 
of  inequality  "  as  between  employers   and  employed — a 
strange  statement,  curious  as  an  historical   anachronism. 
Mr.    Macdonald   followed,   and    was    less  stinted   in    his 
praise  than   previous  speakers.     He  assured    the   House 
that   trade   unions  supported  the  measures,  but  advised 
some    amendments    in    the    details    of  the    Bills.     Mr. 
Tennant,    as    a    large    employer    of    labour,    and    Sir 
Charles  Forster,  representing  a  large  working-class  con- 
stituency, warmly  supported  the  measures.    Mr.  Mundella 
criticised  Lord  Robert  Montague's  speech,  and  compli- 
mented the  Home  Secretary.     Mr.  Cross  replied.    Messrs. 
W.  E.  Forster,  Henry  Vivian,  Burt,  McLaren,  Newdegate, 
and  Hop  wood  followed,  when  both  Bills  were  read  a  second 
time,  without  a  division,  and  committed  for  the  following 
Monday,  July  5th. 

8.  The  Committee  Stage. — The  Bills  did  not  reach  the 
Committee    stage    until  July   i2th.     On  that  date   Mr. 
Lowe  proposed  to  move  an  instruction  to  the  Committee. 
On  July  loth  I  sent  out  a  "  whip  "  to  members  of  the 
House,  requesting  them  to  be  present  and  to  support  Mr. 


372  LABOUR  LEGISLATION 

Lowe's  instruction  to  the  Committee  on  the  Conspiracy 
and  Protection  of  Property  Bill.1  (i)  The  instruction 
was  not  moved,  as  Mr.  Lowe  found  that  the  motion  was 
not  in  order,  as  "  the  Committee  had  power  to  amend  the 
Criminal  Law  Amendment  Act,  1871."  In  Committee: 
(a}  The  Employers  and  Workmen  Bill:  Messrs.  Hopwood, 
Mundella,  W.  E.  Forster,  Sir  Henry  James,  Lord  Robert 
Montague,  Mr.  Serjeant  Simon,  and  Mr.  Lowe  tried  to 
limit  the  power  of  imprisonment,  and  were  defeated  by 
182  to  162  :  majority,  20  ;  but  a  subsequent  amendment 
modified  the  clause.  In  a  further  clause,  imprisonment 
was  lessened  from  a  month  maximum  to  fourteen  days. 
Mr.  W.  E.  Forster  urged  the  omission  of  imprisonment 
from  the  Bill  altogether.  Some  further  amendments  were 
made  in  the  Bill,  and,  on  the  promise  of  Mr.  Cross  to  con- 
sider Mr.  Mundella's  proposal  as  to  fines  and  forfeitures, 
the  Bill  passed  through  Committee. 

9.  (£)  The  Conspiracy  and  Protection  of  Property  Bill. 
— It  is  needless  to  follow  in  detail  every  clause  of  this 
Bill.  Clauses  i,  2,  and  3  were  agreed  to  with  some 
verbal  amendments.  On  Clause  4  Mr.  Lowe  proposed  to 
leave  out  the  words  "  where  a  workman  is  employed," 
&c.,  and  to  substitute  the  words  "  where  a  person  is 
legally  bound,  and  is  able  to  perform  any  duty/'  &c. 
The  object  was  to  make  the  clause  general  and  applicable 
to  the  whole  community,  instead  of  to  a  section  of 
workmen  only.  Mr.  Cross  expressed  sympathy  with  the 
object,  but  could  not  accept  the  amendment.  The 
amendment  was  then  limited  to  the  words  "  workman  " 
or  "  person."  Mr.  Cross,  in  resuming  the  debate,  ad- 
mitted the  principle  of  Mr.  Lowe's  amendment,  but 
urged  that  its  effect  would  be  to  extend  the  criminal 
provisions  in  the  Bill  to  all  persons,  whether  workmen  or 
not.  In  this  instance  "  the  penal  clause  only  related  to 
workmen  having  to  perform  specific  and  onerous  duties  in 
connection  with  the  supply  of  gas  and  water."  He 
therefore  opposed  the  amendment  as  a  dangerous  one. 
Sir  William  Harcourt  contended  that  the  penal  clause 
1  See  Times,  July  12,  1875. 


THE   LABOUR   LAWS,    1875  373 

ought  at  least  to  extend  to  employers  connected  with  the 
supply  of  gas  and  water,  as  well  as  to  workmen.  He 
favoured  the  substitution  of  "  person  "  for  u  workman," 
and  the  omission  of  the  words  "  contracts  of  service." 
Mr.  Roebuck  supported  the  clause.  Mr.  Dodson,  Sir 
Henry  James,  and  Mr.  W.  E.  Forster  supported  the 
amendment,  making  "  all  persons "  responsible  equally 
for  any  such  breach  of  contract.  The  amendment  was 
thereupon  agreed  to — "  person  "  being  substituted  for 
"  workman." 

10.  Further     Amendment — Mr.     Lowe. — Mr.    Lowe 
further   moved   to    omit    the   words    "  employed   by   a 
Municipal    Authority,"    and    to   insert    the    words    "  on 
whom  is  imposed  the  duty."     Mr.  Cross  objected,  but 
offered    to    accept   an    amendment    suggested    by    Mr. 
Tennant.     Sir   William    Harcourt,    Mr.    Dodson,     Mr. 
Serjeant  Simon,  Sir  Henry  James,  Mr.  W.  E.  Forster, 
Mr.   Mundella,   the  Marquis  of  Hartington,  and  Lord 
Robert     Montague     supported     the     amendment ;     the 
Solicitor-General,     Mr.     Hardcastle,     and    Mr.    Walter 
opposed.     On  a  division  the  amendment  was  lost  by  a 
majority  of  19  :  for,  108  ;  against,  127.     An  amendment 
by  Lord  Robert  Montague  was  negatived  by  a  majority 
of   1 8 1.     An   amendment   by  Mr.   Cross  was  accepted. 
Mr.  Lowe  moved  to  omit  the  words  "  of  service  "  after 
the  word  a  contract  "  ;  defeated  by  123  to  98  :    majority 
against,  25.     An  addition  by  Mr.  Cross,  requiring  that  a 
copy  of  the  clause  be  printed  and  posted  in  a  conspicuous 
place,  was  adopted,  and  Clause  4  was  agreed  to. 

11.  Sir    William    Har court's    Prediction. — Clause    5  : 
Mr.  Macdonald  moved  to  omit  the  words  "  an  employer 
or  a  workman,"  and  to  substitute  therefor  "  any  person"; 
agreed  to.     An  amendment  by  Mr.  Forsyth,  opposed  by 
Mr.    Cross,    was    negatived.      An    amendment    by    the 
Attorney-General  was  adopted.     On  the  question  "  that 
the    clause    as    amended   stand    part    of  the    Bill,"    Sir 
William  Harcourt    protested,    "  on   the   ground   that  it 
applied    to    workmen    only."     He    ventured    to    predict 
that  it  would  leave  as  great  a  sore  as  that  which  it  had 


374  LABOUR   LEGISLATION 

been  their  object  to  heal.  After  remarks  by  Mr. 
Mundella  and  Mr.  Goldsmid,  the  Committee  divided. 
For  the  clause,  174  ;  against  it,  130  :  majority  for,  44. 

12.  Picketing — Coercion. — Clause    6  :     Mr.    Hopwood 
moved  that  the  word  "  coerce "   be    defined   "  to    mean 
compel  or  force,  otherwise  than  by  persuasion,  argument, 
or  other  peaceful  means."     It  was  objected  that  it  was 
out    of  place,  and   should    be  in    the    definition  clause. 
Negatived  by  214  to  119:  majority  against,  95.     Clauses 
6  and  7  were  added  to  the  Bill.     Clause   8,  relating  to 
disorderly  conduct  within  a  factory,  was  opposed  by  Mr. 
Butt,    Mr.    Mundella,    and    Mr.   W.    E.    Forster ;    Mr. 
Cross,  who  said  that  the  clause  was  pressed  upon  him, 
consented    to   withdraw    it,    as    it    appeared    not    to    be 
needed    by   employers.     On    Clause    9,    Mr.    Hopwood 
moved    that    "  husbands    or    wives    should    be    deemed 
competent  witnesses "  ;  this  was  accepted  by  Mr.  Cross, 
subject  to  consideration  on  Report.     Clause,  as  amended, 
adopted.       Clause     10 — definitions  :      Mr.     Macdonald 
moved   that  all  contracts   be   in  writing  ;    opposed    and 
negatived.     Mr.  Jackson  moved  to  substitute  "  contract 
of  hiring  "  for  "  contract  of  service."     On  the  promise 
of  its    consideration    on    Report,    the    amendment   was 
withdrawn.     An  amendment,  as  to   the  constitution   of 
Courts     of    Summary    Jurisdiction,    by     Lord     Robert 
Montague,   was  assented    to  by  Mr.  Cross,  and   Clause 
10  was  carried. 

13.  New  Clauses. — The  remaining  clauses  of  the  Bill 
having  been  agreed  to  without   dissent,  the    Committee 
proceeded  to   consider  the  proposed  new  clauses.     Mr. 
Lowe  had  placed  upon  the  notice  paper   a  new  clause, 
the  object  of  which  was  to  neutralise  the  provisions  of  the 
Criminal  Law  Amendment  Act,  but  did  not  propose  to 
repeal  it,     Upon  arriving  near  to  this  stage,  Mr.  Cross 
left  the  House,  and  I  went  to  meet  him  in  the   Lobby. 
He  took  my  arm  and  led  me  down  the  corridor  towards 
the  library,  then  to  the  left  corridor  towards  the  Speaker's 
entrance,  flippantly  called,  in  these  more  degenerate  days, 
the  "  Lovers'  Walk,"  leading  to  the  ladies'  gallery.     He 


THE   LABOUR   LAWS,   1875  375 

then  said,  "  You  have  seen  Mr.  Lowe's  amendment ;  I 
cannot  accept  that."  I  replied,  "  Why  not  put  down  one 
of  your  own,  covering  the  same  ground  ?  "  "  Who  is  to 
draft  it  ?  "  he  asked.  "  Mr.  R.  S.  Wright/'  I  replied. 
He  said,  "  I  have  his  in  my  pocket — do  you  think  it 
would  be  acceptable  ?  "  I  replied  that,  not  having  seen 
the  amendment,  I  could  not  say,  but  anything  suggested 
by  Mr.  Wright  would  carry  great  weight.  He  partially 
explained,  then  returned  to  the  House  and  moved  his  now 
historic  amendment.  He  took  the  House  by  surprise. 
Mr.  Lowe  paid  him  a  compliment,  but  suggested  that  the 
debate  be  adjourned  in  order  to  see  the  full  effect  of  the 
amendment  upon  paper.1  He  moved  to  report  progress  ; 
Mr.  Mundella  seconded.  Mr.  W.  E.  Forster  and  Mr. 
Macdonald  supported,  and  after  moving  another  clause 
for  the  repeal  of  certain  Acts,  Mr.  Cross  consented,  and 
the  subject  stood  adjourned — the  clause  in  dispute  having 
been  meanwhile  withdrawn,  to  conform  to  the  usages  of 
the  House.  The  above  incident  corroborates  Mr.  Cross's 
statement  that  he  had  consulted  both  sides  in  reference 
to  this  matter.  Doubtless  he  had  consulted  the  employers' 
representatives  as  well  as  me,  representing  the  Parliamentary 
Committee. 

14.  Views  of  the  Parliamentary  Committee. — I  convened 
the  Parliamentary  Committee  for  July  I4th  to  consider 
the  situation  as  it  then  was.  More  progress  had  been 
made  than  was  expected,  so  that  we  were  able  to  review 
the  position  and  resolve  accordingly.  Mr.  George 
Odger  presided.  I  reported  fully  all  that  had  taken 

1  Alluding  to  the  above  incident,  as  disclosed  in  the  House,  the 
Times^  "Leader,"  July  13,  1875,  says:  "When  Mr.  Lowe's  new 
clause,  in  substitution  for  the  *  picketing '  clause  of  the  Criminal  Law 
Amendment  Act,  came  on,  at  the  end  of  the  evening,  Mr.  Cross  pro- 
duced from  his  pocket  additional  sentences,  and  offered  to  accept  Mr. 
Lowe's  proposal  provided  they  were  prefixed  to  it."  The  Leader  went 
on  to  say  that  Mr.  Cross's  words  were  not  needed,  and  adds  :  "  What 
Mr.  Cross  suggests  is  either  included  in  the  existing  law,  or  would  be 
covered  by  Mr.  Lowe's  clause ;  and,  as  we  are  satisfied  that  the  latter 
would  include  every  case  of  picketing  as  defined  by  the  Recorder,  we 
are  content  to  accept  it  as  it  stands." 


376  LABOUR   LEGISLATION 

place  in  the  House,  and  the  negotiations  which  had 
paved  the  way  for  the  new  clause.  I  also  reported  that 
Mr.  Cross  had  consented  to  schedule  the  enactments  to 
be  repealed — a  matter  upon  which  I  had  been  insistent 
when  others  thought  that  the  New  Act  would  override 
existing  legislation,  even  if  not  repealed.  I  was  firm, 
however,  and  won  over  to  my  view  not  only  the  Parlia- 
mentary Committee,  but  some  timid  friends  in  the  House, 
who  thought  that  we  might  wreck  the  Bill  if  we  persisted. 
At  last  I  replied,  "  Better  wreck  the  Bill,  for  the  present, 
than  allow  those  Acts  to  remain  upon  the  Statute  Book 
unrepealed."  This  settled  the  matter,  and  Mr.  Cross 
proposed  a  schedule  of  Acts  to  be  repealed,  no  such 
schedule  being  in  the  Bill,  or  proposed,  until  the  Com- 
mittee stage.  The  Committee  unanimously  passed  the 
following  resolution  : — 

"  That  this  Committee  approve  the  clause  of  the  Home  Secretary 
which  he  proposed  on  Monday  night  (July  12,  1875)  dealing  with  the 
Criminal  Law  Amendment  Act,  1871,  as  a  great  step  towards  the  full 
settlement  of  the  agitation  on  the  Labour  Laws,  as  criminally  applied, 
and  believe  that  with  a  few  verbal  amendments,  such  as  making  the 
first  part  of  the  clause  cover  the  latter  portion,  as  well  as  the  trans- 
position of  words,  so  as  to  make  the  clause  definite  and  unmistakable 
in  carrying  out  the  intentions  expressed  in  the  Home  Secretary's 
speech,  the  measure  will  be  such  as  to  give  satisfaction  to  large  classes 
of  working  men  all  over  the  country." 

The  foregoing  resolution  was  sent  to  Mr.  Cross  and  to 
the  newspapers.  The  members  of  the  Committee  visited 
the  Lobby  on  July  I5th  and  i6th  to  interview  members 
and  answer  questions. 

15.  Repeal  of  Criminal  Law  Amendment  Act. — On 
July  1 6th,  when  the  Committee  resumed  consideration  of 
the  Bill,  Mr.  Cross  at  once  moved  to  repeal  the  Criminal 
Law  Amendment  Act,  1871.  In  a  short  and  most  con- 
ciliatory speech  he  expressed  a  hope  that  the  proposal  he 
had  made,  and  the  new  clause  which  he  would  move,  part 
of  which  was  in  the  words  of  Mr.  Lowe,  would  settle  the 
matter  in  a  way  satisfactory  alike  to  employers  and  work- 
men. Mr.  Lowe  expressed  general  satisfaction,  but 


THE   LABOUR   LAWS,    1875  377 

objected  to  some  words  which  imposed  a  heavier  penalty 
than  the  general  law  provided  even  for  the  same  offence. 
The  repeal  clause  was  then  added  to  the  Bill.  Mr*  Cross 
moved  the  new  clause,  in  substitution  for  the  Criminal 
Law  Amendment  Act ;  it  was  read  a  first  time.  On  the 
second  reading  Mr.  Bristowe  and  Mr.  Forsyth  took 
exception  to  its  ambiguity.  Mr.  Dodson  and  Mr. 
Mundella  expressed  qualified  approval.  Mr.  Butt 
objected  to  its  ambiguity.  Sir  William  Harcourt  pre- 
ferred that  it  should  have  simply  repealed  the  Criminal 
Law  Amendment  Act  ;  it  was  ambiguous,  and  went 
beyond  the  law  as  it  stood.  Mr.  Gathorne  Hardy 
supported  the  clause.  Mr.  Serjeant  Simon  and  Mr. 
C.  H.  Hopwood  deprecated  it,  as  creating  a  new  offence. 
The  clause  was  then  read  a  second  time  without  a  division. 
The  opposition  was  confined  to  the  specific  character  of 
the  clause  and  to  the  creation  of  a  new  offence  in  relation 
to  workmen — in  combination. 

1 6.  New  Clause  in  Committee. — Mr.  Hopwood  pro- 
posed to  substitute  "  such "  for  "  any,"  with  the  view 
of  limiting  the  operation  of  the  clause.  Mr.  W.  E. 
Forster  supported.  The  Attorney-General  opposed.  Mr. 
Bristowe  supported,  as  it  created  a  new  offence.  Mr. 
Cross  defended  the  clause,  as  did  Mr.  Cawley.  Mr. 
W.  E.  Forster,  Sir  William  Harcourt,  Mr.  Hopwood, 
and  Mr.  Jenkins  supported  the  amendment.  Committee 
divided:  For  the  amendment,  112;  against,  225: 
majority  for  the  clause,  113.  Mr.  Butt  moved  a  further 
amendment,  supported  by  Mr.  Lloyd  and  Mr.  W.  E. 
Forster ;  Mr.  Cross  opposed ;  lost  by  104  to  241  : 
majority  against,  137.  Amendments  by  Mr.  Bristowe 
and  Mr.  W.  E.  Forster  were  carried  without  dissent. 
Further  amendment  by  Mr.  Hopwood,  supported  by 
Mr.  Burt,  was  opposed  by  Mr.  Cross ;  amendment  lost 
by  264  to  100  :  majority  against,  164.  An  amendment 
by  Mr.  Mundella  was  accepted,  and  the  clause  as 
amended  was  added  to  the  Bill.  The  preamble  was 
then  agreed  to,  and  the  Bill,  as  amended,  was  ordered 
to  be  reported  to  the  House,  amid  cheers. 


378  LABOUR   LEGISLATION 

17.  Employers  and  Workmen  Bill — Report. — This  Bill 
was  reported  to  the  House  (on  same  day,  July  i6th)  with 
amendments    by   the    Home    Secretary.     His   proposals 
were  agreed  to  without   a  division,   Mr.   Mundella  and 
the  Marquis  of  Hartington  paying  a  tribute  of  respect  to 
Mr.  Cross  for  his  concessions,  and  his  desire  to  pass  a 
measure    satisfactory  to   the  mass    of  the    people.     The 
noble  lord  justified  the  course  taken  by  the  Opposition, 
whose  object  it  was  to   make  the   Bill  such  as  to  give 
general  satisfaction.     An   objectionable  provision  in  the 
Bill  as  introduced  had  been  amended,  and  all  concurred  in 
supporting  it  as  it  now  stood. 

1 8.  Conspiracy,    &V.,    Bill — Report. — The     Bill    was 
reported  to  the  House  with  amendments  on  July  2Oth. 
Mr.  W.  Holmes  moved  to  insert  after  "service/*  "  or 
other  contract  "  in  Clause  4,  the  object  being  to  make  the 
clause  general  in  its  application.     Mr.  Cross  objected  to 
the  amendment  ;  Mr.  W.  E.  Forster  supported  it.     Mr. 
Lowe  also  supported.     He  declared  that  he  "  felt  humili- 
ated to  be  a  member  of  a  Parliament  which  passed  such  a 
Bill."     Mr.  Serjeant  Simon  followed  on  the  same  lines. 
Mr.  Talbot  supported  the  clause.     Sir  William  Harcourt 
warmly    supported    the    amendment,    as   did    also    Mr. 
Whalley  and   Lord   Robert   Montague.     Division  :    For 
the  amendment,  88  ;  against,  100  :  majority  against,  12. 
In  Clause  5  Sir  John  Lubbock  moved  to  omit  the  words 
"  of  service."    The  Attorney-General  opposed.    Division: 
For  the  amendment,  100  ;  against,  137  :  majority  against, 
37.     Clause  8.     Sir  William  Harcourt  moved  an  amend- 
ment as  regards  picketing  ;   Mr.  Alexander   Macdonald 
seconded  ;  Mr.  Serjeant  Simon  and  Lord  Eslington  sup- 
ported ;    Mr.   Cross  objected  ;    Mr.   Scourfield  and   Mr. 
Hopwood  criticised  the  clause  ;  Mr.  Maclver  supported 
the   clause.     Mr.  W.  E.  Forster  and   Mr.  Meldon  also 
spoke,  when   the  House   divided.     For  the  amendment, 
91  ;  against  it,  219  :  majority  against,  128.    On  Clause  13 
Mr.   Plimsoll  moved   an  amendment   in  an   impassioned 
speech,  fortified  with  facts  and  figures,  respecting  the  loss 
of  life  at  sea  and  the   imprisonment  of  seamen  because 


THE   LABOUR   LAWS,    1875  379 

they  refused  to  sail  in  coffin-ships.  His  amendment  was 
declared  to  be  irrelevant  to  the  clause,  and  he  withdrew  it, 
but  he  had  made  a  speech  which  drew  a  compliment  from 
Mr.  Cross,  though  he  was  not  able  to  assent  to  the 
amendment.  The  Bill  was  then  reported  to  the  House, 
with  amendments. 

19.  Congratulations. — The  Home  Secretary  was  widely 
congratulated  upon  his  success.    Party  newspapers  of  course 
tried  to  belittle  his  share  of  the  work,  others  to  belittle 
the  part  taken  by  the  Opposition  ;  all  admitted  a  great 
victory   if  they  differed   as  to  the  relative  merits  of  the 
fighters.     In  the   House   of  Commons    Mr.    Cross   was 
ungrudgingly    praised    by    the    Opposition,    even    while 
exception  was  taken  to  certain  parts  of  the  Bill.     I,  as  the 
representative  and  mouthpiece  of  the  Parliamentary  Com- 
mittee, and  of  the  mass  of  the  workers  through  them, 
shared  in  the  congratulations,  not  so  much  in  the  Press 
as   in   the    Lobby  of   the    House    of    Commons.     One 
of  the  first  to  shake  me  by  the  hand  and  heartily  to  con- 
gratulate  me  was  the  Editor   of    Capital  and  Labour — 
the  representative  in  the  Lobby  of  the  National  Federa- 
tion   of    Employers.1     Everywhere    the    passing    of   the 
measures  was  declared  to  be  the  "  workmen's  victory." 
Many  members  of  the  House  warmly  congratulated  me. 
Mr.  W.  E.  Forster,  who  had  been  the  medium  of  com- 
munication between  Mr.  Lowe  and  myself,  did  so  on  his 
own  behalf  and  that  of  Mr.  Lowe.     Messrs.  S.  Morley, 
A.  J.  Mundella,  Macdonald,  Burt,  Serjeant  Simon,  and 
others,  added  their  words  of  kind  encouragement  for  the 
success  achieved. 

20.  Labour  Laws  in  the  Lords. — The  third  reading  of 
the  Bills  in  the  House  of  Commons  requires  no  comment, 
as  they  were  unopposed.     In   the  House  of  Lords  the 
Employers  and  Workmen  Bill  was  passed  without  material 
change  and  with  very  little  discussion.     One  amendment 
provided  a  set-off  favourable  to  factory  operatives  absent- 

1  When  I  published,  a  year  later,  my  "  Handy-Book  of  the  Labour 
Laws"  no  more  generous  tribute  was  paid  to  me  than  the  review  in 
Capital  and  Labour,  on  July  12,  1876. 


380  LABOUR   LEGISLATION 

ing  themselves  from  work,  deductions  from  wages  due 
being  limited  to  the  amount  of  damage,  if  any,  &c. 

21.  Conspiracy  y   &c.,   Bill  in  the    Lords. — The    Lord 
Chancellor   moved    the  second  reading  of  this    Bill    on 
July   26th,   explaining  its  provisions.      He    gave   notice 
that  the  Government  intended  to  propose    amendments 
upon  Clause  8  to  meet  objections  raised  in  the  House  of 
Commons.     The  Committee  stage  followed  on  July  29th, 
when  a  new  clause  was  substituted  for  Clause  8  in  the  Bill 
as  it  left  the  Commons.     The  clause  was  wholly  recon- 
structed.    It  would  be  difficult  to  explain  the  difference 
except  by  a  reproduction  of  both,  and,  as  the  differences 
were  mainly  technical,  the  reader  might  be  confused  by 
the  comparison,  even  if  assisted  by  a  critical  explanation. 
I  prefer,  therefore,  to  rely  upon  the  criticism  of  the  friends 
of  Labour  in  the  House  of  Commons  when  the  Lords' 
amendments  were  considered.     A  clause  was  introduced 
giving  power  to  the  justices  or  court  to  reduce  the  penal- 
ties to  not  less  than  one-fourth.     The  other  clauses  were 
agreed  to,  and  the  Bill  was  reported.     Upon  consideration 
of  the  report  (August  2nd)  Lord  Rosebery  moved  to  omit 
the  words  "  of  service  "  in  Clause  4.     The  Lord  Chan- 
cellor opposed.     On  a  division  it  was  rejected  by  24  to  17. 
On  the   third  reading  the  Lord  Chancellor  moved  that 
the  word  "  maliciously  "   should  be  construed  as  in  the 
Malicious   Injuries  to  Property  Act.      Agreed   to,    and 
Bill  sent  to  the  Commons. 

22.  Consideration  of  Lords'  Amendments. — August  yth  ; 
Mr.  Lowe  expressed  doubt  whether  the  Bill  as  sent  to  the 
Lords  was  not  better  than  that  before  them.     Two  new 
offences  were  introduced,  and  the   changes  made  would 
give  rise  to  much  litigation.     He  moved  the  omission  of 
the  words  "  or  intimidates. "     This  was  supported  by  Mr. 
Mundella,  Mr.  Hopwood,  and  Sir  Henry  James  ;  it  was 
opposed  by  Mr.  Cross  and  Mr.  Gathorne  Hardy.     Re- 
jected by  52  to  40.     Mr.  Edw.  Jenkins  moved  to  insert, 
after  the  word  "  intimidates,"  the  words  "  by  threats  of 
personal  violence   or  injury."     Mr.  Cross  opposed  ;  re- 
jected  by   53   to  42.     An  amendment  by  Mr.  Lowe  to 


THE   LABOUR   LAWS,    1875  381 

strike  out  words  in  the  last  paragraph  which,  by  implica- 
tion, constituted  a  new  offence,  namely,  "  attending  "  to 
intimidate,  was  agreed  to.  Mr.  Mundella  moved  to  insert 
the  words  "  or  peacefully  to  persuade "  after  the  word 
"information"  ;  rejected  by  53  to  41.  Mr.  Lowe  then 
said  that  the  Opposition  intended  to  divide  against  the 
clause  as  it  stood.  He  read  one  which  they  desired  to  see 
substituted.  Mr.  Cross  and  Mr.  Mellor  opposed  ;  the 
House  divided.  For  the  Lords'  amendments,  55  ;  against, 
41  :  majority,  14.  The  Commons'  amendments  were  con- 
sidered by  the  Lords  on  August  nth  and  agreed  to.  The 
Royal  Assent  was  given  to  both  Bills  on  August  I3th,  and 
they  passed  into  law.  It  is  a  curious  fact  that,  although 
the  Employers  and  Workmen  Act  was  kept  to  the  front 
all  through  the  debates,  and  was  the  first  to  be  passed  by 
Commons  and  Lords,  the  Royal  Assent  was  not  given 
until  after  the  Conspiracy  and  Protection  of  Property  Act 
had  passed  ;  the  latter  Act  is  38  &  39  Viet.,  c.  86,  whereas 
the  former  is  c.  90,  in  the  Acts  of  the  Session. 

23.  Friends  and  Heifers. — Mr.  Cross  (now  Lord 
Cross)  undoubtedly  deserves  every  credit  for  his  share  in 
the  work.  I  pass  over  his  opposition  to  certain  amend- 
ments ;  he  was  the  Minister  in  charge,  one  of  the  Cabinet ; 
he  had  to  reconcile  divergencies  ;  he  withstood  firmly,  but 
courteously,  where  he  must ;  he  conceded  gracefully  where 
he  could.  He  was  always  most  courteous  to  me  person- 
ally, though  he  knew  that  I  was  strenuous  for  the  utmost 
concessions  possible.  The  ex-Ministers  to  whom  we  owed 
most  and  much  were  Mr.  Lowe  (afterwards  Lord  Sher- 
brooke),  Mr.  W.  E.  Forster,  and  for  support  the  Marquis 
of  Hartington.  The  two  former  did  most  of  the  work. 
Sir  Henry  James  (now  Lord  James  of  Hereford)  and  Sir 
William  Harcourt — ex-Law  Officers  of  the  Crown — stood 
by  us  loyally  from  first  to  last.  Among  members  of 
Parliament,  Messrs.  Mundella,  Hopwood,  Macdonald, 
Burt,  Lord  Robert  Montague,  Serjeant  Simon,  Sir  John 
Lubbock,  S.  Morley,  W.  Rathbone,  Butt,  and  Bristowe, 
deserve  mention  for  persistently  endeavouring  to  improve 
the  measures.  Outside  the  House,  Messrs.  Harrison, 


382  LABOUR   LEGISLATION 

Crompton,  Hughes,  R.  S.  Wright,  and  Professor  Beesly 
always  gave  valuable  help.  The  names  of  those  men- 
tioned deserve  to  be  remembered  as  friends  of  labour 
when  they  were  few  and  the  cause  was  not  popular. 

24.  Objects  and  Attainments. — We  never  regarded  the 
Labour  Laws  of  1 875  as  perfect.     Our  desire  was  to  abolish 
class  legislation,   and   to    bring    all,    without    distinction, 
within  the  general  law  of  the  land.     We  did  not  condone 
offences,    or    complain    of   equitable    punishments,    when 
offences  were  committed  ;  but  we  did  urge  equality  before 
the  law  in  all  cases.     All  the  amendments  proposed  to  the 
clauses  of  the   Bills  had  this  object,  those  accepted  and 
defeated  alike.      We    obtained    much — as    much   as   was 
possible  under  the  circumstances.     To  have  pressed  for 
more  would  have  endangered  the  measures.     We  knew 
too  well  the  value  of  the  concessions  made  to  risk  defeat 
and  delay.      Some  of  our  opponents  may  have  desired 
this  ;  our  friends  would  not  face  the  danger.     They  were 
right.     The  Parliamentary  Committee  were  in  accord,  and 
we  welcomed  the  legislation  as  finally  carried. 

25.  "  Digest  of  Labour  Laws'" — Mr.  Henry  Crompton 
prepared  a  digest  of  the  two  Acts  for  the  Parliamentary 
Committee  and  the  Trades  Union  Congress.     It  is  too 
long  to  reproduce,  but  its  tone  and  character  deserve  to  be 
indicated.1     He  said  :    "  The   two   statutes  constitute  a 
most    important    change  in    the  laws    affecting    labour." 
"  The  Trade  Union  Act  is  not  touched.     This  remains 
as  it  was  and  retains  its  former  importance,  making  trade 
unions  legal  instead  of  illegal  societies,   and  preventing 
their  members  being  liable,  as  formerly,  to  prosecution 
for  conspiracy."     "  The  Trade  Union  Act  should  be  kept 
as  it  is,  in  a  distinct  shape,  to  be  carefully  watched  and 
maintained  as  a  charter,  and  its  provisions  should  not,  as 
recently  proposed,   be   embodied  in    any  other    statute." 
"  The  new  laws  are  satisfactory  in  principle.     Some   of 
their  provisions  concede  even   more  than  had  been  de- 
manded.    They  are   conceived  in  a  generous  spirit.     If 

1  The  digest  is  given   in  full  in   the  first  and  second   editions  of 
"The   Handy-Book  of  the   Labour  Laws,"  published  in    1876. 


THE   LABOUR   LAWS,   1875  383 

they  are  interpreted  in  the  same  spirit  there  will  be  little 
room  for  dissatisfaction."  In  any  case  "  the  Acts  can 
only  be  regarded  in  the  light  of  a  complete  victory  all 
along  the  line."  Then  follows  a  critical  examination  of 
the  provisions  of  the  Employers  and  Workmen  Act,  which 
he  warmly  commended,  very  little  fault  being  found. 

26.  The  Conspiracy  Act. — Mr.  Crompton  pointed  out 
how  the  law  of  conspiracy  was  applied  to  all  labour  com- 
binations.    The  Trade  Union  Act  legalised  combinations, 
but  the  judges  decided  that  the  means  used  in  furtherance 
of  their  objects  might  be  regarded  as  a  conspiracy.     "  The 
judges,  in  effect,  tore  up  the  remedial  statute,  and  each 
decision  went  further  and  developed  new  dangers."     He 
went  on  to  say  that  "  the  new  law  takes  this  legislative 
power  out  of  the  hands  of  the  judges."     "The  Trade 
Union  Act  legalises  workmen's  combinations,  this  clause 
legalises  all  acts  done  in  furtherance  of  the  combination 
that  are  not  crimes  when  done  by  one  man.     The  common 
law  of  conspiracy  as  affecting  trade  disputes  has,  in  fact, 
been  abolished."     After  some  critical  remarks  upon  several 
sections,  Mr.  Crompton  said  :  "  The  new  laws  .  .  .  con- 
stitute a  great  measure,  justly  conceived  and  justly  carried 
into  execution."     He  further  said  that  "  the  new  section 
(the  substitute  for  the  Criminal  Law  Amendment  Act)  is 
general  in  form,  applying  to  all  citizens  alike."     "  Even  if 
judicial  decisions  are  adverse,  the  two  statutes  constitute  a 
great  and  generous  measure  of  justice."     In  conclusion  he 
expressed  "  appreciation  of  Mr.  Cross's  attitude  towards 
the  workmen  and  those  who  have  worked  for  the  emanci- 
pation of  labour." 

27.  Mr.  Crompton  s  Digest  Approved. — Mr.  Crompton's 
paper  was  submitted  in  proof  to  Mr.  Harrison  and  to  the 
members  of  the  Parliamentary  Committee.     The  former 
wrote  :    "I    have  considered   the   above    statement,  and 
concur  in  it  generally." — Signed,  FREDERIC  HARRISON. 
The  Committee  said  :    "  The  Parliamentary    Committee 
have  carefully  read  the  above  digest  of  the  new  labour 
laws  by  Mr.  Henry  Crompton,  and  heartily  endorse  its 
conclusions,  and  hope  that  it  will  be  carefully  perused  by 


384  LABOUR   LEGISLATION 

all  those  who  are  interested  in  these  questions." — Signed  by 
Robert  Knight,  chairman  ;  George  Odger,  vice-chairman  ; 
Daniel  Guile,  treasurer ;  Henry  Broadhurst,  George 
Shipton,  William  Rolley,  J.  D.  Prior,  John  Kane,  Thomas 
Halliday,  Thomas  Birtwistle,  and  George  Howell, 
secretary. 

28.  Other    Comments    on    the    Acts. — I    should    not    be 
justified  in  giving  my  own  opinion  expressed  at  the  time, 
except  that  words  have  often  been  attributed   to  me  at 
political  meetings  that  I  did  not  use,  and  I  have  frequently 
been  appealed  to  either  to  confirm  or  deny  them.     What  I 
did  say  in  the  preface  to  my  "  Handy-Book  of  the  Labour 
Laws,"  early  in  1876,  I  here  reproduce  :  "  I  regard  these 
Acts  as  a  great  boon  to  the  industrial  classes — as,  in  fact, 
the  charter  of  their  social  and  industrial  freedom,  the  full 
value  of  which  is  not  yet  understood  or  appreciated.     If 
administered  in  the  same  frank  and  just  spirit  with  which 
they  were  conceived  and  passed  by  the  Legislature,  they 
will  be  found  to  fully  cover  the  demands  made  by  thought- 
ful and  intelligent  workmen  through  long  years  of  earnest 
agitation."     I    abate    not  one  jot,  in   any  particular,   in 
respect  of  the  opinions  then  expressed.     As  regards  the 
newspaper  press,  many  were  profuse  in  their  commenda- 
tion of  Mr.  Cross  and  his  two  measures  ;  but  for  the  most 
part  they  did  not  help  us  in  our  work,  as  is  pointed  out  in 
the  Parliamentary  Committee's  Report  for  1875,  presented 
to  the  Glasgow  Congress.     The  Times  did,  in  fact,  support 
Mr.  Lowe's  proposal   as  against  that   of  Mr.   Cross  in 
the  Picketing   Clause,   and    also    the    removal   from   the 
Employers  and  Workmen  Bill  of  the  penalty  of  imprison- 
ment, except  as  provided  in  other  cases  for  non-payment 
of  damages,  or   refusal  to  obey  an  order  of  the  court. 
The  one  noticeable  thing  in   the   Press  was  the  absence 
of  abuse   of  trade  unionists  during  the  debates  on  the 
Bills.     They  seem  to  have  taken  their  tone  from   Mr. 
Cross's  speech.     This  did  much  to  facilitate  the  passing 
of  the  measures. 

29.  Trades    Congress,    Glasgow,     1875. — The    Eighth 
Annual  Trades  Union  Congress  met  in  Glasgow,  October 


THE   LABOUR    LAWS,    1875  385 

nth  to  1 6th  inclusive.  The  proceedings  centred  in  the 
report  of  the  Parliamentary  Committee,  which  I,  as 
secretary,  read.  A  hearty  and  unanimous  vote  of  thanks 
was  accorded  to  that  Committee  for  its  services.  On  my 
motion  a  cordial  vote  of  thanks  was  unanimously  passed 
to  Mr.  Crompton  for  his  able  Digest  of  the  Labour  Laws. 
By  the  request  of  the  Parliamentary  Committee,  I  moved 
a  vote  of  thanks  to  Mr.  Cross,  the  Home  Secretary,  for 
the  way  in  which  he  had  steered  the  Labour  Laws  through 
Parliament.  This  was  seconded  by  Mr.  Crockett,  of 
Dundee,  and  supported  by  Mr.  Robert  Knight  and  Mr. 
Daniel  Guile.  A  direct  negative  was  moved  and  seconded 
by  two  delegates,  from  Glasgow  and  Boston  respectively. 
Thirteen  other  speakers  followed,  four  of  whom  supported 
the  amendment  and  nine  the  resolution.  Mr.  George 
Odger,  in  supporting  the  vote  of  thanks,  said  :  "  Those 
laws,  which  Mr.  Cross  had  carried  through  last  Session, 
were,  of  all  the  laws  he  ever  was  acquainted  with,  the  very 
best  affecting  the  labouring  population  of  this  country. 
If  they  were  to  depart  from  thanking  a  Minister  for  the 
greatest  boon  ever  given  to  the  sons  of  toil,  their  ingrati- 
tude would  be  the  most  conspicuous  that  ever  disgraced 
the  annals  of  labour."  Mr.  Howell,  in  replying  to  the 
speeches  against  the  motion,  said  :  "  Mr.  Cross  had 
liberated  the  working  men  of  England  from  the  last 
vestige  of  the  Criminal  Laws  specially  appertaining  to 
labour."  "  The  vote  of  thanks  was  carried  amid  great 
applause,  only  three  or  four  voting  against  the  motion."  l 
Copy  of  the  resolution  was  sent  to  Mr.  Cross. 

30.  The  Right  to  Sue  and  be  Sued. — Mr.  J.  D.  Prior 
moved  the  adoption  of  the  memorial  to  Sir  Stafford 
Northcote,  Chancellor  of  the  Exchequer,  in  favour  of 
certain  amendments  in  the  Trade  Union  Act,  1871. 
The  amendments  proposed  were  set  out  in  the  memorial  ; 
they  had  been,  in  fact,  embodied  in  the  Friendly  Societies* 
Act.  Mr.  Bailey,  of  Preston,  seconded  the  motion.  A 
Scotch  delegate  proposed  :  "  That  an  addition  be  made  to 

1  Extracts  from  the  Trades  Union  Congress  Report,  published  by 
the  Parliamentary  Committee,  1875. 

26 


386  LABOUR   LEGISLATION 

the  memorial  to  the  effect  that  trade  societies  should  have 
the  right  to  sue  and  be  sued."  As  I  was  able  to  throw 
some  light  upon  the  question,  I  give  a  further  extract  from 
the  report  :  "  Mr.  George  Howell  said  this  question  had 
been  considered  on  several  occasions.  When  the  Friendly 
Societies*  Bill  was  before  Parliament  representatives  of  all 
the  societies  which  had  taken  advantage  of  the  Trade 
Union  Act  were  called  together,  and  after  full  discussion 
of  the  subject  there  was  not  a  single  delegate  who  declared 
in  favour  of  the  change  proposed."  A  delegate  from 
Glasgow  said  that  the  Scotch  unions  favoured  such  a 
clause.  But  two  other  delegates  from  Glasgow  said  they 
were  opposed  to  such  a  clause,  while  one  other  supported 
it.  Mr.  Odger  and  others  opposed.  On  being  put 
to  the  vote  the  amendment  was  negatived,  only  three 
voting  for  it.  The  motion  was  then  carried.1 

31.  Other    Resolves    of    Congress. — Resolutions    were 
carried  in  favour  of  compensation  for  injuries  caused  by 
accidents  ;  for  the  reform  of  the  Jury  Laws  and  payment 
of  juries  ;  reform  of  summary  jurisdiction  of  magistrates  ; 
amendment  of  Small  Penalties'  Act  ;  Extension  of  Work- 
shops' Acts,    and    appointment    of  working    persons    as 
inspectors  ;  the  abolition    of  truck  ;  in  support   of  Mr. 
Plimsoll's  Merchant  Shipping  Bills  ;  of  labour  representa- 
tion in  Parliament ;  arbitration  in  labour  disputes  ;  reform 
of  patent  laws  ;  abolition  of  "  sweating  "  ;  organisation  of 
women's  labour  ;  in  condemnation  of  Admiralty  circular 
on  the  slave  trade  ;  in  opposition  of  over-sizing  cotton 
goods ;  in  favour  of  a  Boiler  Explosions  Bill ;  of  extending 
the  franchise  ;  of  international  arbitration  ;  repeal  of  high 
tariff  duties  in  India  ;  and  in  condemnation  of  the  prosecu- 
tion of  bakers  under  the  Smoke  Nuisance  Act. 

32.  Votes   of  Thanks,   Constitution    of   Congress,  &V. — 
"  A  special  vote  of  thanks  was  accorded  to  Mr.  George 
Howell  for  his  services  as  secretary  during  the  last  six 
years,"  on  the  motion  of  Mr.  Knight,  seconded  by  Mr. 
Guile  ;  carried  unanimously.     A  vote  of  thanks  was  also 
voted   unanimously   to   Mr.   Guile  as    treasurer.     I    had 

1  See  Chap.  XX.  par.  n. 


THE   LABOUR    LAWS,    1875  387 

resigned  as  secretary,  my  health  having  broken  down  by 
overwork,  illness  at  home,  and  need  of  rest.  I  had 
accomplished  my  self-imposed  task  of  seeing  labour  freed 
from  class-made,  special  criminal  laws  affecting  the 
working  classes.  The  Trade  Union  Act,  1871,  Amend- 
ment Act  of  1876  was  carried  on  the  lines  I  had  laid 
down  in  the  memorial  to  the  Home  Secretary,  and  urged 
by  deputations  upon  the  Government.  The  Congress  of 
1875  was  composed  of  139  delegates,  representing  109 
societies  with  an  aggregate  of  539,823  members.  The 
total  income  of  Congress  during  the  six  years  I  acted  as 
secretary  to  the  Parliamentary  Committee  was  ,£1,525 
6s.  8d.  ;  expenditure,  £1,521  133.  2d.  ;  balance  in 
treasurer's  hands,  £4  33.  5d.  Of  the  aggregate  expendi- 
ture, £460  173.  covered  all  salaries,  clerical  work, 
rent  of  offices,  fuel,  light,  rates  and  taxes  for  the  entire 
period,  or,  say,  £92  33.  5d.  per  year  ;  the  remainder  was 
expended  on  printing,  stationery,  postages,  parcels,  and 
telegrams,  Parliamentary  papers,  travelling  and  Committee's 
expenses,  and  public  meetings. 

33.  Anticipations  and  Results. — Looking  back  over 
more  than  a  quarter  of  a  century  since  the  Labour  Laws 
were  passed,  one  can  see  that  our  expectations  have  not 
been  wholly  realised.  But  we  foresaw  the  possibility  of 
administrative  difficulties,  of  judge- made  law,  by  decisions 
in  particular  cases.  Sir  William  Harcourt  predicted  such 
in  his  speech  in  the  House  of  Commons,  and  Mr.  Henry 
Crompton  intimated  such  possibilities  in  his  Digest  of 
1875.  But  there  has  been  no  such  criminal  prosecutions 
as  under  the  older  laws,  or  under  the  Criminal  Law 
Amendment  Act,  1871.  Indeed,  for  fifteen  years — 1875 
to  1890 — there  were  but  few  complaints  as  to  the  opera- 
tion of  such  laws,  and  where  complaints  arose  the  cases 
were  not  taken  to  the  higher  courts.  Mr.  Cross  deserves 
some  credit  for  the  smooth  working  of  the  Acts  in  the 
Summary  Jurisdiction  Courts  by  sending  out,  at  my  sug- 
gestion, copies  of  the  Acts  to  all  Justices  of  the  Peace  and 
other  magistrates,  probably  also  to  the  judges,  certainly  of 
the  County  Courts.  Mr.  Lowe,  Mr.  W.  E.  Forster, 


388  LABOUR   LEGISLATION 

Sir  William  Harcourt,  Sir  Henry  James,  Mr.  Hopwood, 
and  others  mentioned  probable  difficulties  in  interpreting 
the  Acts  by  reason  of  faulty  wording  ;  their  prognostica- 
tions have  proven  true.  But  the  Acts  remain  unassailed 
upon  this  point,  that  criminal  prosecutions  have  been 
comparatively  few  in  twenty-five  years.  The  newer 
phase  of  civil  actions  for  damages  is  one  to  be  met, 
grappled  with,  and  dealt  with  in  tne  spirit  of  broad 
justice  as  between  man  and  man.  If  trade  unions  demand 
what  is  right,  and  do  what  is  right,  the  legislature  in  the 
twentieth  century  cannot  withhold  justice.  But  the  right 
to  do  wrong  cannot  be  conceded,  however  loud  the  clamour 
or  persistent  the  demand. 


CHAPTER  XXXVI 

LABOUR      MOVEMENTS      AND       LABOUR       LEGISLATION, 
1876     TO      1890 

WITH  the  passing  of  the  Labour  Laws,  1875,  and 
the  amendment  of  the  Trade  Union  Act  in  1876, 
there  was  a  lull  in  agitation.  The  stress  and  strain  of 
the  previous  five  years — indeed,  I  might  call  it  ten,  or 
even  fifteen  years,  for  the  agitation  began  to  become  acute 
in  1859 — could  not  be  actively  endured.  Besides,  there 
was  little  occasion.  The  Labour  Laws  were  accepted  by 
the  public  as  the  rightful  thing,  and  they  rejoiced  that 
one  irritating  subject  had  been  got  out  of  the  way.  The 
Press  accepted  the  situation  gracefully — so  gracefully,  in 
fact,  that  the  victory  almost  appeared  to  be  due  to  its 
sympathetic  advocacy,  from  its  jubilant  tone.  Political 
parties  were  relieved,  and  each  claimed  a  share  in  the 
victory.  The  relative  claims  have  not  yet  been  adjusted, 
but  this  narrative  will  help  to  award  to  each  its  full  meed 
of  praise  or  blame,  as  the  case  may  be.  (Employers 
accepted  the  settlement  with  dignity  and  good  feeling, 
though  probably  with  a  fear  lest  too  much  had  been  con- 
ceded. )  But  there  was  no  bitterness  of  feeling  as  regards 
defeat.  This  was  indeed  a  good  sign  ;  it  augured  well  for 
the  future.  The  path  was  cleared  ;  obstacles  had  been 
removed  ;  equality  of  rights  had  equalised  duties  and 
responsibilities.  The  tone  of  public  opinion  had  been 
modulated  to  the  chords  of  Mr.  Cross's  speeches  and 
Acts.  \Labour  leaders  were  no  longer  tabooed.^  It 
remained  with  the  unions  to  continue  the  good  feeling 

389 


39°  LABOUR  LEGISLATION 

engendered  by  the  action  of  the  legislature,  and  with  the 
courts  of  law  to  maintain  it. 

i.  Mr.  Bright  and  the  Labour  Laws. — In  a  previous 
chapter I  I  hinted  that  probably  Mr.  John  Bright  was  one 
in  Mr.  Gladstone's  Cabinet  who  had  opposed  dealing  with 
the  Criminal  Law  Amendment  Act,  1871,  at  least  to  its 
repeal.  The  following  incident  will,  I  think,  justify  my 
conclusion.  In  1873  I  was  deputed,  with  Mr.  E.  S.  Pryce, 
Mr.  Samuel  Morley's  private  secretary,  to  wait  upon  Mr. 
Bright  with  reference  to  Mr.  Trevellyan's  motion  on  the 
Franchise.  We  met  Mr.  Bright  at  his  chambers  in  Picca- 
dilly early  in  the  morning,  and  our  business  in  that  con- 
nection was  soon  ended  to  our  satisfaction.  Mr.  Bright 
then  turned  to  me  with  a  severity  I  had  never  witnessed 
in  him  before,  and  accused  me  and  my  colleagues  of 
harassing  Mr.  Gladstone  and  his  Government  over  the 
Labour  Laws.  I  defended  myself  and  colleagues  quite  as 
warmly  as  Mr.  Bright  had  assailed  us.  My  companion, 
Mr.  Pryce,  who  was  a  most  mild-mannered  man,  looked 
quite  surprised  at  our  warmth,  and  was  uneasy  as  to  its 
issue.  Mr.  Bright  defended  the  Act  as  necessary  to 
ensure  freedom  for  non-union  men,  quoting  his  own 
experiences  when  he  lived  in  Hanover  Street  (No.  4)  in 
connection  with  the  tailors'  strike.  I  denounced  the 
Act  as  unnecessary  and  as  a  class-made  law.  Did  I 
defend  intimidation  and  coercion?  he  asked.  "No," 
replied  I,  "but  the  general  law  is  sufficient,  or,  if  it  be 
not,  strengthen  it,  and  we  will  not  complain." 

Mr.  Bright  contended  that  we  made  heroes  of  men  who 
broke  the  law.  I  retorted  that  the  law  made  martyrs  of 
the  men,  and  that  evoked  our  sympathy.  In  the  course 
of  further  heated  discussion  I  said,  "  Well,  Mr.  Bright,  if 
we  are  wrong  in  our  action,  we  have  to  thank  our  teachers, 
Mr.  Cobden  and  Mr.  Bright."  "How?"  he  asked, 
surprised.  "  In  this  way,"  said  I.  "  You  have  taught 
us  that  just  and  equal  laws  demand  our  respect  as  well 
as  obedience.  Let  the  laws  in  this  connection  be  just 
and  equal,  and  the  working  classes  will  obey  them."  I 
'  See  Chap.  XXXIII.  par.  3. 


LABOUR   MOVEMENTS,  1876   TO    1890  391 

cited  instances  in  support  of  my  contention.  The  inter- 
view lasted  nearly  an  hour,  and,  at  parting,  Mr.  Bright 
said,  with  more  suavity  and  kindliness,  "  Well,  Howell, 
I  wish  I  could  believe  what  you  say,  then  my  views  would 
be  modified."  We  parted  in  our  usual  friendly  manner  ; 
but  Mr.  Pryce,  when  outside,  said,  "  Your  heated  discus- 
sion astonished  me."  Mr.  Bright  did  not  recur  to  the 
conversation  until  quite  a  year  after  the  passing  of  the 
Labour  Laws,  in  1875,  wnenj  meeting  him  at  the  House, 
he  said,  "Your  view  of  the  Labour  Laws  was  the  right  one. 
There  seems  to  be  less  friction,  less  need  for  stringent 
measures.  You  saw  that  Mr.  Gladstone,  in  his  Greenwich 
address,  intended  to  deal  with  the  question."  "Yes, 
Mr.  Bright,"  I  replied,  l<  but  it  was  then  too  late." 
"  Well,"  he  said,  "  we  cannot  always  be  wise  in  time." 
I  agreed,  but  added,  "  I  felt  that  I  could  predict  what 
would  happen  in  certain  cases  with  the  same  certainty  as 
you  could.  The  cases  differed,  but  the  principles  were 
the  same."  J 

2.  Depression  in  Trade :  Reductions  in  Wages. — The 
unexampled  flush  in  trade  in  the  early  seventies  was 
followed  by  depression  such  as  had  not  been  experienced 
for  many  years.  Great  fortunes  had  been  amassed 
speedily  ;  wages  went  up  to  an  unprecedented  level  ; 
there  was  prosperity  in  the  land,  in  which  all,  or  nearly 

1  When  Mr.  Bright  returned  to  public  life  as  member  for  Birming- 
ham and  commenced  his  campaign  in  favour  of  Parliamentary  reform, 
in  1857,  he  came  into  closer  contact  with  some  of  the  then  labour 
leaders  than  he  had  been  previously.  As  a  result  of  our  interviews  he 
modified  some  of  his  opinions  on  trade  unions.  He  made  three  or 
four  references  to  them  in  his  collected  speeches,  but  here  is  an 
extract  from  one  not  included  in  that  collection  :  "  It  has  never  yet 
been  proved  that  trade  unions  or  that  strikes  are  always  bad.  .  .  .  The 
strike  is  the  reserved  power  ;  and  if  I  were  a  working  man  I  should 
never  say  that  I  would  surrender  my  right,  in  combination  with  others, 
to  take  such  steps  as  are  legal  and  moral  for  the  advancement  of  my 
interests  and  the  interests  of  those  who  worked  with  me"  (Reform 
Meeting  in  Manchester,  April  12,  1860).  The  meeting  he  addressed 
in  St.  James's  Hall,  London,  on  the  American  War,  March  26,  1863, 
was  convened  by  the  labour  leaders  and  trade  union  officials  in  London, 
and  he  complimented  them  upon  it. 


392  LABOUR   LEGISLATION 

all,  shared.  The  coal  and  iron  and  steel  industries  had 
been  among  the  most  prosperous,  and  in  these  the  fall  in 
prices  was  most  felt.  The  building  trades  were  busy  for 
two  or  three  years  after  the  depression  begun,  but  these 
also  felt  the  pinch.  There  was  scarcely  an  industry  that 
did  not  suffer  from  the  fall  in  prices  and  the  contraction 
in  trade.  The  position  seemed  worse  than  it  really  was  by 
reason  of  the  contrast  of  the  years  of  plenty  with  the  lean 
years  that  followed.  With  reduced  profits  came  reductions 
in  wages,  more  or  less  resisted,  but  without  avail.  Lower 
wages  might  have  been  borne  if  employment  had  continued 
fairly  good.  But  the  lists  of  unemployed  in  the  chief 
trade  unions  had  so  increased  that  fears  were  entertained 
lest  the  strain  on  the  funds  should  become  unbearable. 
The  depression  reached  its  lowest  level  in  1879,  in  which 
year  there  was  sadness  and  gloom,  distress  and  privation 
in  many  districts  of  the  land.  The  younger  men  of  to-day 
can  have  no  conception  of  the  fearful  struggles  in  the  five 
years,  1875—9.  The  decline  of  England  was  deplored,  its 
ruin  as  a  great  industrial  nation  was  predicted.  The 
"  Eastern  Question/'  the  "  Scientific  Frontier,"  and 
" Peace  with  Honour"  were  alleged  as  causes  of  the 
"  Depression  in  Trade,"  and  so  also  were  Free  Trade 
and  the  Protective  Tariffs  of  other  nations. 

3.  Unemployed  Benefit  Paid  by  Trade  Unions. — As  an 
indication  of  the  state  of  affairs  I  give  two  or  three 
instances  of  the  drain  upon  trade  union  funds  in  support 
of  the  unemployed,  apart  from  sick,  accident,  superannua- 
tion and  funeral  benefits,  (i)  The  Amalgamated  Society 
of  Engineers  paid  to  its  out-of-work  members  in  the  five 
years,  1870-74,  £97,096  ;  in  1875-79,  £356,749;  and 
in  benevolent  grants  to  distressed  members  in  1870-74, 
£7,683  ;  in  1875-79,  £20,982 — an  increase  under  the 
two  heads  of  £272,952  in  the  five  years.  (2)  Boiler- 
makers and  Iron  Shipbuilders  :  Out-of-work  benefit, 
1870-74,  £8,788;  in  1875-79,  £98,191:  increase, 
£89,403.  (3)  Ironfounders  :  Out-of-work  benefit,  1870- 

1874,  £43>T52  ;  in  l875~79>  £I5I»936  :  increase  in  the 
five    years,    £108,784.      (4)  As    before    remarked,    the 


LABOUR   MOVEMENTS,  1876  TO   1890  393 

building  trades  did  not  suffer  so  much  until  1878  and 
1879.  The  expenditure  in  out-of-work  benefit  in  the 
Amalgamated  Society  of  Carpenters  and  Joiners  increased 
from  £7,168  in  1876  and  1877  to  £38,406  in  1878-79. 
The  instances  above  given  represent,  in  proportion  to 
numbers,  the  position  in  all  trade  unions  paying  out- 
of-work  benefit.  With  such  a  huge  army  of  unemployed 
members  of  unions,  to  say  nothing  of  non-unionists,  it  is 
not  surprising  that  wages  went  down.  Labour  had  been 
at  a  premium,  now  it  was  at  a  discount.  Instead  of 
employers  seeking  men,  the  latter  were  seeking  employ- 
ment ;  and  there  are  few  sadder  sights  in  this  world  than 
to  see  able  and  willing  workers  idle  from  no  fault  of  their 
own,  rendered  all  the  more  sad  by  the  knowledge  that 
privation  invades  the  home. 

4.  Labour  Disputes. — At  such  a  crisis  in  commerce  and 
trade  a  series  of  strikes  more  or  less  serious  might  be  said 
to  have  been  inevitable.  A  lengthy  account  of  any  that 
took  place  at  that  time  is  not  necessary,  but  the  mention 
of  a  few  is  essential,  as  the  conditions  were  somewhat 
changed  owing  to  the  enactment  of  the  Labour  Laws.  We 
see  them  in  operation  at  a  critical  time — a  period  of  stress 
and  strain,  a  test  not  without  special  interest  both  to  those 
who  espoused  and  those  who  opposed  those  laws.  The 
strikes  were  for  the  most  part  defensive — that  is,  they 
were  in  defence  of  the  existing  rates  of  wages,  hours  of 
labour,  and  conditions  of  employment — but  there  were 
exceptions  ;  I  therefore  refer  to  some  of  both.1 

(a)  The  masons*  strike  at  the  Law  Courts  in  London, 
in  1877,  was  for  an  advance  in  wages  of  a  penny  per 
hour  and  the  reduction  of  working  hours  from  52  £ 
to  50  hours  per  week.  The  demands  were  first  made 
in  1875,  but  acti°n  was  delayed.  On  January  27 
1877,  a  memorial  was  presented  to  the  master  builders 
of  London,  in  which  it  was  intimated  that  the  masons 
required  the  concessions  demanded  on  or  before  June  3Oth. 
After  some  months'  delay  the  masters  were  reminded  of 
the  memorial,  and  a  reply  was  requested.  On  June  1 7th 
1  See  "Great  Strikes,"  Co-operative  Annual,  1889. 


394  LABOUR   LEGISLATION 

the  masters  refused  to  comply,  as  they  had  done  in  1875. 
Their  plea  was  that  the  state  of  trade  did  not  warrant  an 
advance  in  wages  or  reduction  in  hours.  A  conference 
took  place  on  July  26th,  but  no  settlement  was  arrived 
at.  On  the  3Oth  the  men  struck,  about  1,700  ceasing 
work.  The  strike  lasted  thirty-three  weeks,  the  demands 
of  the  men  being  withdrawn  on  March  18,  1878.  The 
cost  of  that  strike  was  £26,206  173.  5d.,  irrespective  of 
losses  in  wages  and  employers'  losses.  It  was  conducted 
in  a  peaceable  and  orderly  manner,  in  spite  of  the  fact 
that  foreign  workmen  were  imported  from  Germany, 
Holland,  Italy,  France,  Canada,  and  America.  A  good 
deal  of  feeling  was  evoked,  and  picketing  was  continuously 
resorted  to,  but  no  police  cases  occurred. 

(b)  The  engineers'  strike  at  Erith,  which  commenced 
on  December  8,  1875,  did  not  end  until  May,  1877.  The 
dispute  arose  over  the  extension  of  piecework,  any  branch 
of  the  Amalgamated  Society  of  Engineers  being  empowered 
to  take  immediate  action  as  regards  the  extension  of  piece- 
work and  overtime  by  resolutions  passed  at  a  general 
conference  held  in  Manchester,  July  29,  1872.  In  this 
case  several  men  were  prosecuted  for  picketing.  The 
employers  at  first  thought  of  a  lock-out,  but  this  was 
abandoned.  Instead,  on  January  22,  1876,  the  old 
" document"  system  was  reintroduced,  as  in  1851. 
Indeed,  the  disputes  resembled  each  other  in  many 
respects,  both  as  to  the  demands  and  the  mode  of 
resistance.  Towards  the  close  of  1878  the  engineering 
employers  in  London  contemplated  an  attack  upon  the 
nine  hours'  system  ;  the  officials  of  the  union  heard  of 
it,  and  promptly  issued  a  manifesto,  which  killed  the 
project.  Instead,  the  employers  gave  notice  of  a  re- 
duction in  wages  of  7J  per  cent.  The  strike  began  the 
first  week  in  February,  1879,  but  it  was  only  partial,  as 
only  some  1,000  out  of  8,300  men  came  out ;  the  number 
of  firms  actually  involved  was  reduced  to  about  a 
dozen.  At  the  close  of  the  strike  seven  shops  out 
of  293  establishments  worked  at  the  reduction,  the 
others  paid  the  old  rates  of  wages.  But  the  cost  of 


LABOUR   MOVEMENTS,  1876  TO   1890  395 

the  strike  was  £28,875,  exclusive  of  losses  by  men 
and  masters. 

(<:)  The  strike  and  lock-out  of  shipwrights,  boiler- 
makers  and  iron  shipbuilders  on  the  Clyde,  in  1877, 
attracted  a  good  deal  of  attention  at  the  time,  to  the  banks 
of  which,  and  of  the  Tyne,  much  of  the  shipbuilding 
formerly  on  the  Thames  had  been  transferred  during  the 
previous  decade.  In  March,  1877,  the  operatives  in  the 
shipbuilding  trades  gave  notice  of  a  demand  for  an 
increase  in  wages  of  1 5  per  cent.  The  employers  refused, 
on  the  ground  that  the  state  of  trade  did  not  warrant  it. 
All  sections,  except  the  shipwrights,  practically  abandoned 
the  demand,  but  the  shipwrights  and  ship-carpenters 
persisted  in  it ;  on  April  3rd  these,  to  the  number  of  about 
3,000,  came  out  on  strike,  thereby  throwing  some  1,400 
other  men  idle.  After  continuing  seven  weeks  the  ship- 
builders determined  upon  a  lock-out,  which  took  place  on 
May  1 9th,  when  about  10,000  men  were  idle  ;  by  the  end 
of  May  these  had  increased  to  35,000  persons.  The  strike 
and  lock-out  lasted  twenty-three  weeks  ;  the  total  losses 
were  estimated  at  £312,000,  and  the  cost  to  the  unions 
£  1 50,000.  The  Boilermakers'  Society  alone  paid  £  1 3,000 
to  their  out-of-work  members.  Many  efforts  were  made 
to  effect  a  settlement  by  conciliation  and  negotiation,  and 
at  last  the  question  was  referred  to  arbitration.  The 
result  was  a  compromise  between  the  parties,  the  terms 
agreed  upon  being  extended  from  Glasgow  to  Dumbarton 
and  Greenock,  all  branches  of  the  shipbuilding  trades  being 
included  in  the  settlement.  The  struggle  was  severe,  pro- 
longed, and  costly,  but  there  were  few  complaints  of 
coercion,  no  cases  arising  involving  legal  proceedings  in 
the  courts. 

(d)  Cotton  operatives'  strikes  took  place  in  1877  and 
1878  against  reductions  in  wages.  Trade  was  dull,  and 
prices  were  low,  and,  in  the  last  six  months  of  1877, 
reductions  in  wages  were  made,  resistance  being  without 
success.  In  August  some  1,800  operatives  struck  at 
Bolton,  with  the  result  that  about  10,000  other  hands 
were  thrown  idle.  The  strike  lasted  eight  weeks  ;  it  cost 


396  LABOUR   LEGISLATION 

£20,000,  and  involved  losses  to  the  extent  of  from 
£80,000  to  £100,000.  It  caused  deep  distress,  some 
12,000  families  having  to  be  relieved  in  one  way  or 
another.  Strikes,  similar  in  character,  also  took  place  at 
Blackburn,  Ashton-under-Lyne,  Royton  and  Moseley, 
and  one  at  Oldham  was  only  averted  by  the  promise  of  a 
revised  list,  also  promised  at  Bolton.  In  November,  1877, 
the  mill-owners  decreed  a  general  reduction  of  5  per  cent, 
on  and  from  January  2,  1878.  Local  notices  had  been 
given  in  many  districts  of  reductions  prior  to  that  date. 
There  was  some  delay  in  enforcing  the  reduction  ;  both 
sides  hesitated  to  enter  into  the  struggle.  In  some  places 
the  reduction  was  accepted  without  a  strike,  but  at 
Oldham,  about  1,000  weavers  struck,  on  February  I5th; 
this  led  to  a  lock-out  of  5,000  operatives,  affecting,  it  was 
estimated,  30,000  persons.  After  lasting  five  weeks  the 
weavers  resumed  work  on  the  employers'  terms.  On 
March  2Oth  a  final  notice  of  10  per  cent,  reduction  was 
issued,  to  expire  on  April  loth.  Those  notices  affected 
350,000  looms.  On  April  I7th  about  100,000  operatives 
ceased  work,  increased  to  120,000  at  the  end  of  another 
week.  By  the  middle  of  May  the  official  reduced 
numbers  were  70,000  on  strike  and  locked  out,  involving 
some  200,000  persons.  The  number  of  looms  idle  was 
130,000,  and  about  8,700,000  spindles. 

The  strike  and  lock-out  continued  nine  weeks,  when 
the  operatives  decided  to  resume  work  at  the  10  per  cent, 
reduction,  though,  in  some  districts,  the  contest  was 
prolonged  for  a  short  time.  The  strike  and  lock-out 
was  restricted,  but  the  whole  of  the  cotton  industry  was 
involved,  over  a  wide  area,  some  300,000  persons  being 
involved  directly  and  indirectly.  The  money  loss  in 
wages  alone  was  estimated  at  £75,000  per  week  ;  the 
aggregate  loss  to  employers,  work  people,  and  trades- 
people was  estimated  at  £2,700,000.  The  distress  and 
suffering  were  intense  ;  poor-law  relief  was  resorted  to  in 
many  parishes,  though  in  some  it  was  refused.  The 
saddest  feature  in  connection  with  that  gigantic  labour 
struggle,  from  a  trade  union  point  of  view,  was  the  rioting 


LABOUR   MOVEMENTS,  1876   TO   1890  397 

and  violence  which  occurred.  Mills  were  set  on  fire  ;  the 
house  of  Mr.  Ransford  Jackson  was  wrecked  and  burnt  ; 
Mr.  Jonathan  Rogerson,  secretary  of  the  Blackburn 
Trades  Council,  was  blinded  by  corrosive  liquid  thrown  in 
his  face.  In  Blackburn  and  Preston  sixty-eight  persons 
were  indicted,  tried,  convicted,  and  sentenced  :  two  to 
fifteen  years'  penal  servitude,  one  to  ten  years,  and  three 
to  seven  years  ;  the  others  to  various  terms  of  imprison- 
ment. Some  districts  averted  the  misery  of  a  lock-out,  by 
timely  concessions  ;  but  the  operatives  had  to  submit  to 
the  full  reduction  of  10  per  cent,  in  all  cases.  The  blow 
was  a  severe  one,  and  much  exasperation  was  evoked  ; 
hence  the  violence.  It  was  the  worst  that  had  occurred 
since  the  Labour  Laws  had  passed,  and  no  such  wide- 
spread scenes  of  violence  have  been  enacted  since. 
Happily  a  better  feeling  exists  throughout  Lancashire 
to-day. 

(e)  The  strike  of  carpenters  and  joiners  in  Manchester, 
and  several  other  large  towns  in  Lancashire,  in  1877-78 
was  memorable  by  reason  of  its  duration,  the  numbers 
involved,  and  its  cost  and  losses.  The  depression  in  trade, 
which  began  to  develop  in  1875,  did  not  affect  the 
building  trades  to  any  extent  until  1878,  or  1879.  Work 
was  plentiful  in  1877  when  the  joiners  of  Manchester, 
Liverpool,  Bolton,  Oldham,  Warrington,  and  Wigan  gave 
notice  of  a  demand  for  an  increase  of  wages  from  8 £d.  to 
icd.  per  hour,  early  in  1877,  together  with  a  reduction  of 
working  hours  from  52  to  49 \  hours  per  week.  May  ist 
was  the  date  fixed  for  the  expiry  of  the  notices.  The 
master  builders  met  on  February  I2th  to  consider  the 
demand,  when  they  resolved  to  defer  action  for  a  month. 
On  March  I2th  they  again  met,  when  it  was  resolved  to 
support  the  employers  whose  men  went  out  on  strike,  but 
an  offer  was  made  of  an  advance  of  a  halfpenny  per  hour, 
with  sixpence  extra  beyond  certain  distances.  On  April 
3Oth  the  operatives  refused  the  concession.  On  the 
following  day,  May  1st,  about  3,500  men  struck  work. 
The  contest  lasted  a  whole  year,  at  a  cost  of  £80,000, 
besides  losses  in  wages  and  profits  of  £300,000.  The 
men  were  ultimately  beaten  ;  even  the  halfpenny  offered 


398  LABOUR   LEGISLATION 

was  lost.  A  significant  feature  in  connection  with  this 
strike  was  the  use  of  local  Acts  to  put  down  picketing. 
The  men  were  kept  moving  by  the  police,  and  charges  of 
obstruction  were  made  under  those  local  Acts.  Other- 
wise the  strike  was  free  from  coercion,  though  men  were 
imported,  some  even  from  the  United  States,  and  many 
from  other  districts  where  trade  had  fallen  off,  which 
importations  always  evoke  resentment. 

(/)  Miners'  strikes  were  numerous,  and  stubbornly 
fought,  at  that  period.  They  were  defensive  to  this  extent 
— the  miners  resisted  reductions  in  wages,  which  had  been 
abnormally  high  in  1872-73.  (i)  The  first  strike  of 
the  series  took  place  in  Yorkshire,  in  October,  1874, 
against  an  attempted  reduction  in  wages  of  25  per 
cent.  About  20,000  coal  miners  were  involved  in  the 
dispute  ;  it  lasted  six  weeks,  and  cost  about  £40,000. 
The  estimated  losses  were  £  1 50,000.  It  was  eventually 
settled  by  arbitration,  at  a  reduction  of  12  \  per 
cent.,  or  one-half  the  amount  sought  to  be  enforced  by 
the  coal  owners.  A  second  strike  occurred  in  1885,  when 
a  further  reduction  of  10  per  cent,  was  demanded.  It 
lasted  nine  weeks  ;  20,000  men  and  boys  were  involved  ; 
it  cost  the  union  £10,000  ;  the  losses  in  wages  and  profits 
were  estimated  at  £100,000.  This  strike  was  mainly 
caused  by  non-union  men,  the  officials  of  the  union  being 
averse  to  it  ;  then  the  non-union  men  returned  to  work, 
as  the  union  could  not  sufficiently  provide  for  them.  (2) 
The  Northumberland  miners  struck  against  a  reduction, 
all  told,  in  wages  of  25  per  cent.,  in  May,  1877. 
Questions  of  rent  and  fuel  were  involved  in  the  contest. 
Nearly  the  whole  of  the  forty  collieries  in  the  county, 
employing  21,250  persons,  were  involved.  The  strike 
lasted  eight  weeks,  cost  the  union  £56,000,  the  total  losses 
being  estimated  at  £160,000.  Arbitration  was  proposed 
on  both  sides,  but  on  different  bases.  Ultimately  the  whole 
matter  was  referred  to  arbitration,  the  umpire  deciding 
that  no  reduction  should  take  place,  but  recommended 
that  the  cost  of  production  should  be  lessened.  Another 
great  strike  took  place  in  January,  1878,  against  a 
reduction  of  15  per  cent,  for  a  section,  and  of  10  per  cent. 


LABOUR    MOVEMENTS,  1876  TO    1890  399 

for  all  others.  Negotiations  were  on  foot  for  averting  the 
strike,  but  the  men  were  stimulated  in  its  favour  by  men 
in  no  way  connected  with  the  district.  The  strike  lasted 
seventeen  weeks  ;  14,000  persons  were  involved  ;  £40,880 
was  spent,  while  the  estimated  losses  amounted  to 
£218,627.  Eventually  a  reduction  of  I2j  per  cent,  was 
enforced  all  round.  (3)  In  January,  1879,  the  Durham 
miners  struck  against  a  reduction  of  20  per  cent,  for  some 
and  1 5  per  cent,  for  others.  They  had  offered  to  submit 
to  a  reduction  of  10  and  7J-  per  cent,  respectively,  while 
the  coal-owners  offered  to  accept  15  and  10  per  cent, 
respectively.  The  matter  was  referred  to  Judge  Bradshaw, 
who  gave  provisionally  reductions  of  8f  and  6f  per  cent, 
respectively.  Finally,  Lord  Derby  awarded  10  and  7J 
per  cent,  respectively,  what  the  miners  had  offered  to 
submit  to  at  the  outset.  Great  strikes  also  occurred 
in  Lancashire,  where  30,000  struck  against  a  reduction 
of  10  per  cent,  in  June,  1877,  and  in  various  parts 
of  Scotland. 

(g)  There  were  no  official  statistics  as  to  strikes  at  that 
period,  but  it  was  computed  that,  from  1870  to  1880, 
there  were  2,352  strikes  ;  of  those,  1,122,  in  1870-74, 
were  for  advances  in  wages,  or  a  curtailment  of  working 
hours  ;  during  1875-79  there  were  1,230  strikes  against 
reductions  in  wages  or  an  increase  in  working  hours. 
The  lists  are  not  quite  complete,  and  questions  arose  in 
some  cases  other  than  wages  or  hours  of  labour  ;  but  in 
the  main  the  division  given  is  correct.  The  strikes  in 
1875-79  were,  with  the  one  exception  noted,  less  violent 
than  previously.  The  Labour  Laws  had  favourably 
influenced  the  conduct  of  the  union  men  in  those 
struggles. 

5.  Foreign  Competition  and  Trade  Unions. — Depression 
in  trade  always  reproduces  the  old  complaints  and  old 
cries — foreign  competition,  the  ruin  of  British  industry. 
The  agricultural  interests  bemoaned  Free  Trade,  with  its 
free  imports  of  wheat  and  other  produce,  the  silk  trade 
and  other  manufactures,  the  importation  of  foreign-made 
goods.  The  former  supported  both  a  bounty  on  the 
exportation  of  wheat  and  a  protective  duty  on  imports, 


400  LABOUR   LEGISLATION 

just  as  it  served  their  purpose.  The  exportation  of 
machinery  was  formerly  prohibited,  and  its  importation 
was  taxed.  It  was  but  natural  that,  in  the  years 
1875—79,  all  the  old  complaints  should  be  revived. 
Some  of  the  staple  manufacturing  trades  of  the  country 
were  in  a  deplorable  condition.  Bradford,  the  rival,  in 
the  woollen  trades,  of  Manchester  in  the  cotton  industry, 
pleaded  in  the  Mansion  House,  City  of  London,  for 
special  consideration  for  home-made  goods,  and  some 
of  her  great,  wealthy,  and  liberal-minded  manufacturers 
and  merchants  seem  to  have  doubted  the  policy  of  Free 
Trade,  which  formerly  they  had  so  heartily  espoused. 
Even  in  Lancashire  there  arose  doubts,  and  later  on 
Mr.  Jennings,  a  supporter  of  Protection,  was  returned 
for  Stockport,  once  represented  by  Richard  Cobden. 
Trade  unions  were  attacked,  as  one  of  the  causes  of 
the  decay  in  trade  ;  their  members  were  accused  of 
driving  the  trade  from  the  country,  ruining  manu- 
facturing industries,  and  stopping  industrial  enterprise. 
Elaborate  papers  were  read  at  learned  societies  on  all 
these  subjects,  and  discussions  arose  thereon.  But  labour 
leaders  were  found  able  to  grapple  with  those  questions, 
and  reply  to  the  assailants  of  the  unions  ;  and  they  were 
not  without  supporters  among  legislators,  capitalists,  and 
publicists. 

6.  Free  Trade  ^  Reciprocity -,  and  Protection. — In  times 
of  panic,  sober  reason  is  dethroned.  The  depression 
in  trade,  bad  as  it  was,  had  been  exaggerated.  The 
contraction  in  commerce  and  trade  had  been  in  values, 
rather  than  in  quantities  ;  the  volume  had  not  so  much 
decreased,  but  the  prices  had  gone  down  lamentably.  But 
values  had  been  the  chief  bases  of  comparison,  and  con- 
clusions were  based  on  these.  Foreign  tariffs  were  assailed, 
and  the  demand  arose  for  reciprocity.  Some  were  un- 
prepared for  a  return  to  protection,  but  they  easily 
swallowed  the  bait  labelled  "reciprocity."  Officials  of 
the  Board  of  Trade  busied  themselves  with  statistics  in 
support  of  the  policy  of  Free  Trade,  because  it  represented 
the  status  quo,  rather  than  the  status  quo  ante.  Then 
those  in  turn  were  denounced  as  party  politicians  in  the 


LABOUR   MOVEMENTS,  1876  TO   1890  401 

Press,  on  the  platform,  and  ultimately  in  Parliament.  A 
few  boldly  proclaimed  protection,  a  duty  on  corn  being 
proposed.  Reaction  had  set  in.  Cobden  and  Bright 
were  forgotten.  The  Cobden  Club  had  to  bestir  itself, 
in  order  to  uphold  the  fiscal  policy  of  Free  Ports. 
Borough  constituencies  sent  members  to  Parliament  whose 
opinions  on  those  questions  were  notoriously  opposed  to 
Free  Trade.  I  am  not  sure  whether  within  the  Cobden 
Club  itself  a  few  members  did  not  have  serious  misgivings, 
such  as  to  evoke  horror  in  the  breast  of  T.  B.  Potter,  and 
uneasiness  in  the  minds  of  less  ardent  Cobdenites.  The 
situation  became  so  grave  that,  in  the  General  Election  of 
1885,  the  question  of  Free  Trade  was  a  serious  one  in 
many  constituencies.  In  Bethnal  Green  I  delivered 
eight  or  nine  special  addresses  on  the  subject,  some  of 
which  were  more  or  less  repeated,  in  a  condensed  form, 
in  a  dozen  other  boroughs  during  the  election  campaign. 

7.  Britain  s  External  Trade. — As  a  number  of  speakers 
on  Tory  platforms,  in  the  election  contests  of  1885,  were 
unwise  enough  to  raise  the  question  as  to  the  relative 
growth  of  trade  under  Liberal  and  Tory  rule,  claiming 
that  it  decreased  under  the  former,  and  expanded  under 
the  latter,  I  prepared  a  set  of  tables,  showing  the  falsity 
and  absurdity  of  the  contention.1  The  gross  value 
of  imports  and  exports  combined,  in  1870-74,  was 
£3,181,236,010  in  the  aggregate,  or  an  increase  over 
the  preceding  five  years  of  £601,203,199.  The  yearly 
averages  amounted  in  value  to  £636,203,199,  or  an 
increase  of  £120,241,640  annually.  In  1875—79 — five 
years  of  Tory  rule — the  aggregate  values  of  imports  and 
exports  fell  to  £3,160,278,746,  showing  a  decrease  of 
£20,957,284  ;  the  yearly  averages  being  £632,055,749, 
or  a  yearly  decrease  of  £4,191,453.  In  the  next  five 
years  —  Liberal  rule  —  the  aggregate  values  rose  to 
£3,529,744,418,  an  increase  of  £389,465,672  ;  the  yearly 
averages  being  £705,948,884,  or  an  increase  of 

1  Mr.  Jennings  was  unwise  enough  to  raise  that  issue  in  the  House 
of  Commons,  early  in  the  Session  of  1886  (1885  Parliament)  when  I 
replied  at  some  length,  quoting  the  Board  of  Trade  Returns.  His 
motion  collapsed. 

27 


402  LABOUR   LEGISLATION 

£73,893,135  yearly.  J  The  falling  off  in  exports  was 
greater  than  in  imports,  so  that  from  the  party  point 
of  view  the  situation  was  even  worse.  The  decline  in 
our  external  trade,  in  1875-79,  was  the  first  since  the 
Board  of  Trade  commenced  its  annual  corrected  tables,  in 
1854.  But  the  decline  was  wholly  in  values,  not  in  the 
volume  of  trade.  The  folly  of  the  thing  was  to  throw 
down  a  party  challenge  on  the  question,  when  the 
Government  Returns  were  available  to  disprove  the 
contention. 

8.  The  Franchise  Question. — Extension  of  the  franchise 
had  been  discussed  at  Trades  Union  Congresses  for  several 
years,  dating  from  1869.  With  the  organisation  of 
miners  and  agricultural  labourers,  it  became  once  more 
a  burning  question,  the  theme  especially  of  the  labourers, 
under  the  leadership  of  Mr.  Joseph  Arch.  The  labourers* 
unions  urged  it ;  at  miners'  meetings  and  demonstrations 
special  resolutions  were  passed  respecting  it,  and  at  last 
all  trade  unions  supported  it.  The  agitation  led  to  the 
reform  proposals  in  the  Bills  passed  in  the  Session  of 
1884—85.  In  consequence  of  the  action  of  the  House 
of  Lords  on  that  occasion,  the  greatest  Reform  Demon- 
stration ever  held  took  place  in  London,  July  21,  1884, 
of  which  I  was  the  organiser,  and  Mr.  George  Shipton 
chief  marshal.  The  procession,  which  met  on  the 
Thames  Embankment,  and  extended  from  Blackfriars 
Bridge  to  Westminster  Bridge,  was  variously  computed. 
I  estimated  it  at  over  120,000  ;  I  had  returns  which 
made  up  for  over  119,000,  and  many  joined  at  the  last 
moment.  The  then  two  most  conservative  unions  in 
London — the  Compositors  and  the  Shipwrights — joined 
most  enthusiastically  ;  Mr.  C.  J.  Drummond  and  Mr. 
Wilson  cordially  supported  the  movement.  The  proces- 
sion started  as  Big  Ben  boomed  out  three,  and  the  last 
contingent  did  not  enter  Hyde  Park  till  nearly  8  p.m. 
Order  was  preserved  throughout  the  route,  and  neither 
trees  nor  flowers  were  destroyed  nor  injured.  Their 

1  See  "  Course  of  British  Trade,"  by  present  writer,  Co-operative 
Annual,  1890.  Also  a  series  of  articles  in  the  Fortnightly  Review  and 
Financial  News* 


LABOUR   MOVEMENTS,  1876  TO   1890  403 

present  Majesties — then  the  Prince  and  Princess  of  Wales 
—  and  family  witnessed  the  procession  from  Lord 
Carrington's  house  in  Whitehall,  and  expressed  their 
gratification.  That  demonstration  settled  the  question, 
and  gave  us  the  Representation  of  the  People,  and 
Redistribution  of  Seats  Acts,  in  1884-85. 

9.  General  Elections ',   1885    and   1886. — The   General 
Election,    1885,   was  fought  on  political  programmes — 
authorised  and  "unauthorised."     No  "burning"  ques- 
tion  respecting  labour  was  to  the   front,  but,  generally, 
labour   interests  were,  it  was  understood,   to  be  looked 
after    by    the    Liberal    Party.      A   number    of  "  labour 
candidates "    stood,    and    a    dozen    were    elected — ten, 
in    addition    to    the   two   in    the    previous   Parliament. 
Joseph   Arch  was   elected  for  Norfolk  ;    W.   Crawford, 
Durham  ;  C.  Fenwick,  Northumberland  ;   W.  Abraham, 
South    Wales ;    B.    Pickard,    Yorkshire  —  making    five 
miners,   including    Thomas   Burt.      Four  were  returned 
for    London    constituencies.       All    the    "  labour    men " 
were  Liberals  or  Radicals,  supporters  of  Mr.  Gladstone, 
but  determined   to   advance   the    cause  of  labour  inde- 
pendently of  party,  and,  if  need  be,  in  spite  of  it.     The 
Irish  Question  wrecked  the  party,  and,  in  the  middle  of 
1886,    another   election    resulted   in   the   defeat   of  the 
Liberals,   and  the  return  to  power  of  the   Conservative 
Party.      Joseph   Arch   and   Joseph    Leicester   lost  their 
seats    in     1886.       The    "labour     members,"     in    both 
Parliaments,  adhered  to  their  policy  of  standing  together 
on     all    labour     questions,    and   were    never    found    in 
opposite   Lobbies  when    these   were    before   the   House. 
On    other   questions    they    voted   with   their   party,    or 
acted    independently,  as   they  thought  fit.     Occasionally 
they  held    formal    meetings  ;    at  other  times  they  con- 
sulted as  they  met  in  the  Lobby  or  in  the  House.     Mr. 
Speaker  Peel,  Mr.  Courtney,  chairman  of  the  committees, 
and  Sir  Thomas  Erskine  May  treated  the  labour  members 
most  courteously,  the  latter  inviting  us  to  consult  him  if 
difficulties  arose.     The  House  itself  always  gave  us  an 
attentive  and  respectful  hearing. 

10.  Codification  of  the  Law. — As  a  full  list  of  Acts 


404  LABOUR   LEGISLATION 

more  or  less  pertaining  to  labour  is  given  in  a  future 
chapter  l  it  is  not  necessary  here  to  deal  with  the  measures 
in  detail.  One  of  the  early  subjects  dealt  with  by  the 
Trades  Congress  and  the  Parliamentary  Committee  was  the 
codification  of  the  law.  Sir  James  F.  Stephen  prepared 
a  paper  for  the  Trades  Union  Congress,  1877,  on  Codi- 
fication of  the  Criminal  Law,  and  in  the  same  year 
published  his  Digest  of  the  Criminal  Law.  In  1879, 
Mr.  E.  D.  Lewis  published  his  Draft  Code  of  Criminal 
Law  and  Procedure.  In  1879  a  PaPer>  by  me,  was  read 
at  the  Trades  Congress,  by  Mr.  Daniel  Guile,  which 
paper  was  published  as  a  pamphlet.  The  subject  of 
Codification  had  apparently  come  suddenly  to  the  front. 
But  that  was  not  the  case.2  It  was,  so  to  speak,  in  the 
air.  It  had  been  discussed  for  years,  and  some  attempts 
had  been  made  to  codify  sections  of  the  law  during  the 
previous  five  years.  The  speeches  of  the  Lord  Chancellor 
and  the  Lord  Chief  Justice  at  the  Lord  Mayor's  Banquet 
at  the  Guildhall,  on  November  9,  1875,  and  especially 
the  great  speech  of  the  latter  on  March  9,  1876,  when 
the  Freedom  of  the  City  was  presented  to  the  Lord  Chief 
Justice  at  the  Guildhall,  brought  the  question  within 
the  realm  of  practical  politics.  3  Sir  John  Holker,  the 
Attorney-General,  prepared  a  measure  codifying  the 
Criminal  Law,  acknowledged  to  be  a  masterly  production, 
though  far  from  perfect.  The  measure  did  not  pass,  but 
many  important  legal  reforms  have  taken  place  since  1875. 
The  law  on  the  sale  of  goods  has  been  codified.  Legal 
procedure  has  been  reformed.  Consolidation  Acts  have 

1  See  Chap.  XLL,  par.  12. 

2  Codification   was    advocated    in   Burn's  "Justice  of   the    Peace," 
first  edition. 

3  As  a  guest,  I  had  the  pleasure  of  hearing  those  speeches,  and  was 
much  impressed  by  them.     The  Lord  Chancellor,  on  the  first  occasion 
(1875),  advocated  "a  certain,  simple,  and  inexpensive  justice."     The 
Lord  Chief  Justice  said  :  "  You  ought  not  only  to  bring  justice  to  every 
man's  door,  but  also  the  law  to  every  man's  knowledge."    On  the  second 
occasion  (1876)  the  Lord  Chief  Justice  said  :  "  Digest,  digest,  digest — 
codify,  codify,  codify."     He  added  :  "  The  law  is  made  for  the  com- 
munity, not  merely  for  a  body  of  lawyers."     At  present  "  the  law  is  a 
chaotic  mass,  a  labyrinth  in  which  no  man  can  find  his  way.   The  greatest 
work  of  all — codification  of  the  law — had  yet  to  be  accomplished." 


LABOUR   MOVEMENTS,  1876  TO   1890  405 

been  passed,  and  also  many  Statute  Law  Revision  Acts. 
An  impetus  was  given  to  the  movement  by  the  Trades 
Union  Congress,  and  the  action  of  its  Parliamentary 
Committee. 

ii.  Legislative  Measures  from  1876  to  1890. — In  the 
interval  between  1876  and  1890,  forty  Acts  were  passed 
specially  affecting  labour,  or  workmen's  interests.1  These 
need  not  be  specifically  dealt  with  at  any  length.  They 
are  enumerated  in  another  chapter.  The  Summary  Juris- 
diction Act,  1879,  was  important,  and  in  the  direction 
indicated  by  the  Trades  Union  Congress,  and  promoted 
by  the  Parliamentary  Committee,  from  1871-76  espe- 
cially, and  thereafter.  The  Justices'  Clerks  Act,  1877, 
was  in  the  same  direction.  The  Consolidation  of  the 
Factories  and  Workshops  Acts,  in  1878,  was  a  notable 
advance  in  many  instances  favourable  to  the  workpeople. 
Merchant  Shipping  Acts  were  passed  in  the  interests  of 
seamen  on  lines  advocated  by  Mr.  Plimsoll,  and  the 
Canal  Boats  Act,  1877,  promoted  by  Mr.  George  Smith  ; 
the  Employers'  Liability  Act,  1880,  is  dealt  with  else- 
where.2 Summary  Jurisdiction  Acts  (Scotland),  1881, 
(Ireland),  1882;  Bakehouses  Act,  1883;  Payment  of 
Wages,  1884  ;  Shop  Hours,  1886  ;  Truck,  1887  ; 3  Mines 
Consolidation  Act,  1887;  Shipping  Acts,  three  in  1889  ; 
Steaming  in  Factories  in  1889,  are  among  the  measures 
enumerated  in  the  period  under  review.  The  whole  of 
the  forty  Acts  referred  to  were  advocated  in  the  Parlia- 
mentary programme,  resolutions,  papers,  or  speeches  of 
the  earlier  Congresses,  1868  to  1876  inclusive,  adapted  to 
altered  circumstances  from  time  to  time  and  changes  in 
the  law.  The  Trades  Union  Congresses  met  annually  as 
previously,  the  legislative  and  general  work  devolving 
upon  the  Parliamentary  Committee  as  theretofore.  If 
no  new  departures  were  made,  useful  legislation  on  the 
old  lines  was  promoted,  and  the  interests  of  labour  were 
advanced.  The  record  is  one  of  continuous  progress, 
beneficial  though  slow. 

1   See  Chap.  XLI.,  par.  12. 

*  See  Chap.  XXXVIII.,  par.  13. 

3  See  Chap.  XXXVII.,  par.  12 


CHAPTER  XXXVII 

TRUCK  PAYMENT      OF     WAGES  DEDUCTIONS, 

RECOVERY,    &C. 

UP  to  the  beginning  of  the  nineteenth  century,  and 
for  a  quarter  of  a  century  afterwards,  the  question 
of  wages  was  closely  related  to  the  subject  of  arbitra- 
tion, as  shown  in  the  list  of  enactments  enumerated  in 
the  5  Geo.  IV.,  c.  96,  "  An  Act  to  Consolidate  and 
Amend  the  Laws  Relating  to  the  Arbitration  of  Disputes 
between  Masters  and  Workmen"  (June  21,  1824).  In 
that  statute  seven  Acts  are  scheduled  and  repealed  relating 
to  Great  Britain  and  Ireland.  In  many  industries  wages 
had  been  fixed  and  regulated  by  specific  Acts  of  Parlia- 
ment, and  methods  of  adjustment  were  also  provided  for 
in  other  Acts  relating  to  arbitration  in  labour  disputes,  as 
in  the  Spitalfields  Acts,  and  others.  In  nearly  all  industries 
wages  were  fixed  and  regulated  as  a  result  of  legislation, 
from  the  Statute  of  Labourers  downwards.  The  "  laws 
of  supply  and  demand "  did  not  operate  ;  they  were 
smothered  by  Parliamentary  enactments,  which  ignored 
what  is  now  known  as  political  economy — a  science  then 
practically  non-existent.  The  workers  were  regarded  as 
"  the  swinish  multitude,"  to  use  Burke's  words,  whose 
duty  it  was  to  obey,  not  to  meddle  with  law-making,  not 
even  to  question  the  justice  of  the  laws,  but  to  be  punished 
severely  if  any  infraction  took  place  or  was  attempted. 

i.   Truck  Acts. — "Truck"  means  barter  and  exchange, 
goods  for  goods,  produce  for  produce,  goods  or  produce 


TRUCK— PAYMENT  OF  WAGES  407 

for  labour  in  lieu  of  wages.  The  Truck  Acts  have  their 
roots  in  the  early  history  of  legislation.  Their  original 
object  was  not  so  much  to  protect  labour,  for  labour  at  that 
time  was  of  little  account  in  the  land.  Though  serfdom 
had  been  nominally  abolished,  the  hind  and  husbandman,  in- 
deed nearly  all  sections  of  workers,  were  little  more  than 
chattels  chained  to  the  land,  freedom  of  migration  being 
practically  prohibited.  Journeymen,  that  is,  hired  workmen 
for  wages,  were  limited,  and  such  as  then  existed  were 
governed  by  the  ordinances  of  the  Guilds.  The  Truck 
Acts  were  rendered  necessary  by  the  state  of  the  kingdom. 
They  were  essential  for  the  purposes  of  trade  and  com- 
merce. They  were  necessary  for  the  revenue,  as  payments 
in  kind  were  cumbrous  and  inconvenient  for  the  King 
and  the  State.  It  was  imperative  that  there  should  be  a 
coinage,  and  that  such  coinage  as  was  current  should  be 
accepted  in  payment  as  between  seller  and  purchaser. 
To  be  effectual,  wages  also  must  be  paid  in  current 
coin  ?  or  how  could  the  workers  pay  their  debts  in 
current  coin.  Hence,  in  1464-65,  the  4  Edw.  IV., 
c.  i,  was  passed,  providing  for  this.  Section  2  deals 
with  wages. 

2.  Legislation,  1665  to  1825.  —  During  the  next 
1 60  years,  from  1665  to  1825,  numerous  enactments 
were  passed  having  reference  to  truck  and  wages. 
I  have  scheduled  and  examined  thirty-six  of  such 
Acts  ;  but  there  were  provisions  in  many  other  Acts 
which  applied,  specifically  or  not ;  in  all  those  statutes 
labour  and  wages  played  a  subordinate  part — often  a 
disastrous  part,  for  restriction,  not  freedom,  characterised 
the  whole  of  such  legislation.  It  may  indeed  be  said,  in 
passing,  that  the  statutes  indicated  were  as  antagonistic  to 
trade  and  commerce  as  to  labour  and  wages,  except  that 
other  laws  pressed  more  hardly  upon  labour,  and  almost 
rendered  nugatory  the  provisions  in  Acts  more  or  less 
favourable  to  workmen.  Wages  were  fixed  by  justices  of 
the  peace  ;  they  had  full  power  to  determine  and  regulate 
payments  for  work  done,  but  these  were  to  be  in  "  lawful 
coin."  Even  payments  in  Bank  of  England  notes,  or 


408  LABOUR   LEGISLATION 

those  of  licensed  bankers,  were  not  legal  tender  unless 
workmen  consented  to  accept  the  same.  Payment  in 
goods  was  declared  unlawful,  and  deductions  for  goods 
supplied  previously  to  passing  of  the  Act  could  not  be 
legally  made.  Penalties  were  imposed  for  any  infringement 
of  the  provisions  in  those  Acts.  Had  the  provisions  of  the 
law,  as  regards  truck,  been  as  severely  administered  as 
those  respecting  combinations  of  workmen,  the  system 
would  not  have  survived  the  eighteenth  century  ;  but 
justices  of  the  peace  were  employers. 

3.  The  Truck  Acts^   1831. — I  have  used  the  plural  in 
this  case  because,  although  the  expression  "  Truck  Act  " 
is  usually  employed,  yet  in  reality  there  were  two  Acts, 
one  being  the  complement  of  the  other,     (i)  The  first 
Act,   i   and  2  Wm.   IV.,  c.   36,  was  "  an  Act  to  repeal 
several  Acts,  and  parts  of  Acts,  prohibiting  the  payment 
of  wages  in  goods,  or  otherwise  than  in  the  current  coin 
of  the  realm."     The  number  enumerated  and  scheduled 
for  repeal  was  eighteen,  some  of  the  older  Acts  having 
been  repealed  by  subsequent    Acts    prior    to   that    date. 
In    that  Act    there    was    an    excellent    proviso    (§    2): 
"  Provided  always,  and  it  is  hereby  enacted  and  declared  : 
That  nothing  herein  contained  shall  or  doth  extend  to  the 
repeal  of  any   provisions    contained   in   any   of  the  said 
recited  Acts  respecting  the  recovery  by  any  workmen  or 
labourers  of  the  wages  of  their  labour,  or  to  deprive  any 
such   workmen    or   labourers    of  any   remedies    now  by 
law  provided  for  the  recovery  of  any  such  wages."     It 
further  provided  for  the  recovery  of  penalties  under  the 
said  Acts   in   cases  of  infringement.     Parliament    could, 
and  did  sometimes  do  a  sensible  and  worthy  thing,  even 
for  labour  ;  if  it  failed,  no  wonder,  considering  its  com- 
position   and   the  date  of   the   enactment.      Those  who 
administered  the  law  would  see  that  it  was  not  interpreted 
too  favourably. 

4.  (2)  The  Consolidation  Act^  1831. — The  second  Act, 
i  and  2  Wm.  IV.,  c.  37,  was  in  reality  a  Consolidation 
Act,  though  not  so  described.     Its  title  was  "  An  Act  to 
prohibit  the  payments,  in  certain  trades,  of  wages  in  goods, 


TRUCK— PAYMENT  OF  WAGES  409 

or  otherwise  than  in  the  current  coin  of  the  realm."  It 
provided  (§  i)  that  in  all  contracts  made  for  hiring  or  for 
the  performance  of  any  labour  of  artificers,  the  wages  of 
such  must  be  in  the  current  coin  of  the  realm  ;  and  that 
if  in  any  such  contract  the  whole  or  any  part  of  such 
wages  shall  be  made  payable  otherwise,  the  contract  was 
illegal,  null,  and  void.  (§2)  Any  stipulation  in  any  such 
contract  as  to  the  manner  in  which,  or  the  place  at 
which,  the  wages  shall  be  expended,  rendered  the  contract 
illegal,  null,  and  void.  (§3)  All  wages  to  be  paid  to  the 
workman  in  coin  ;  payment  in  goods  declared  illegal. 
(§4)  Artificers  may  recover  wages  if  not  paid  in  current 
coin.  (§5)  In  action  brought  for  wages  no  set-off  shall 
be  allowed  for  goods  supplied  by  employer,  or  by  a  shop 
in  which  the  employer  is  interested.  (§  6)  No  employer 
shall  have  any  action  against  his  artificer  for  goods 
supplied  to  him  on  account  of  wages.  (§7)  If  the  artificer 
or  his  wife  or  children  become  chargeable  to  the  parish, 
the  overseers  may  recover  any  wages  earned  within  the 
three  preceding  months  and  not  paid  in  cash.  (§  8)  Pay- 
ment in  bank-notes  only  legal  if  artificer  consents. 

5.  Penalties  and  Trades  to  which  Act  applied. — Sections 
9  and  10  impose  penalties  on  employers  entering  into 
contracts  hereby  declared  illegal — for  first  offence  maximum 
;£io,  minimum  ^5  ;  second  offence  not  more  than  £20 
nor  less  than  £  i  o  ;  third  offence  a  misdemeanor  liable  to 
penalty  of  ^100.  Provision  is  made  as  to  recovery  of 
penalties  in  first  and  second  offences  with  a  proviso  as  to 
the  time  to  elapse  between  first  and  second  offences. 
(§  n)  Justices  may  compel  the  attendance  of  witnesses. 
(§  12)  Power  to  levy  penalties  by  distress.  (§  13)  A 
partner  not  to  be  liable  for  the  offence  of  co-partner,  but 
the  partnership  property  to  be  liable.  (§  14)  Provides  as 
to  service  of  summonses  ;  (§  15)  as  to  form  of  conviction, 
&c.  ;  (§  1 6)  as  to  return  of  convictions  to  Clerk  of  the 
Peace  ;  (§  17)  not  to  be  quashed  for  want  of  form  ;  (§  18) 
as  to  application  of  penalties.  (§  1 9)  This  section  defines 
or  specifies  the  trades  to  which  the  Act  applied,  namely, 
the  manufacture  of  iron  and  steel ;  mines  of  coal,  iron- 


410  LABOUR   LEGISLATION 

stone,  limestone,  salt-rock,  other  stone,  slate  or  clay  ;  the 
making  or  preparing  of  salt,  bricks,  tiles,  or  working 
quarries  ;  the  manufacture  of  nails,  chains,  rivets,  anvils, 
vices,  spades,  shovels,  screws,  keys,  locks,  bolts,  hinges  or 
other  articles  of  hardware  ;  articles  of  cutlery,  or  of 
any  articles  made  of  brass,  tin,  lead,  pewter,  or  other 
metal,  or  of  any  japanned  goods  or  ware  whatsoever  ;  the 
whole  of  the  textile  industries,  fourteen  chief  branches  being 
enumerated — also  leather,  fur,  glass,  china  and  all  earthen- 
ware goods  ;  preparation  of  bone,  and  all  kinds  of  lace. 

6.  Exclusions  and  Exemptions. — The  provisions  in  §  19 
are  specific  as  to  the  branches  of  trade  to  which  the  Act 
applies,  and  it  enacts  "  that  nothing  herein  contained  shall 
extend    to    any   artificer,    workman,    labourer,    or    other 
person  engaged  or  employed  in  any  manufacture,  trade, 
or  occupation,  excepting    only  "  those  employed  in  the 
several  branches  enumerated.     By  §  20,  domestic  servants 
and  servants  in  husbandry  are  specifically  excluded.     It  is 
provided  (§21)  that  certain  persons  shall  not  in  certain 
cases  act  as  Justices  under  the  Act,  namely,  those  engaged 
in  trades,  &c.,  to  which  it  applies,  or  the  father,  son,  or 
brother  of  such  person  ;  and  (§22)  provides  that  county 
magistrates  may  act  in  cases  where  those  in  towns,  &c.,  are 
disqualified  by  §  21.     The  object  of  §§  21  and  22  was  to 
ensure    an    impartial   administration    of  the  law   by  the 
exclusion  of  interested  persons  ;  any  failure  therein  was 
not  intended  by  the  Legislature.     Particular  exemptions 
are  set  forth  in  §  23,  such  as  the  supply  of  medicine  or 
medical  attendance,  fuel,  materials,  tools,  or  implements 
employed  in  mining ;  or  hay,  corn,  or  other  provender  for 
horse  or  other  beast  of  burden  ;  the  letting  of  house  or 
tenement  to  workman   employed,  or  the  supply  of  any 
cooked  victuals  prepared  in  the  house  of  employer,  and 
there  consumed.     Deductions  in  the  cases  mentioned  were 
allowed,  provided  that  the  workman  agreed    thereto  in 
writing,  but  not  otherwise. 

7.  Proviso  as  to  Friendly  Society r,  &c. — -Employers  were 
permitted,  by  the  consent  in  writing  of  the  workman,  to 
advance  money  for  contributions  to  a  friendly  society  or 


TRUCK— PAYMENT  OF  WAGES  411 

savings  bank  lawfully  established  for  the  relief  of  such 
workman  in  sickness,  or  for  the  education  of  his  child. 
(§  24)  The  definitions  in  §  25  are  full  and  ample  for 
the  purposes  intended.  The  commencement  of  the  Act 
was  three  months  after  date  thereof  (§  26),  which  was 
October  15,  1831.  It  extended  to  the  whole  of  the 
United  Kingdom.  (§27)  A  schedule  of  forms  was 
appended  to  the  Act.  Whatever  its  defects,  it  must  be 
admitted  that  the  Act  was  an  honest  attempt  to  put  down 
truck,  and  to  ensure  to  the  workman  his  full  wages  in  the 
current  coin  of  the  realm.  At  the  date  of  the  Act,  look- 
ing impartially  at  its  provisions,  one  could  scarcely 
conceive  it  possible  that  truck,  with  all  its  progeny  of 
evils,  would  be  able  to  develop  into  such  an  accursed 
system  as  it  was  subsequently  shown  to  have  been  in  con- 
nection with  many  of  the  prohibited  industries,  specifically 
enumerated.  The  building,  wood-working,  paper,  print- 
ing, bookbinding,  and  many  other  industries  are  not 
named — to  these  the  Act  did  not  apply.  Boot-  and  shoe- 
makers, as  "makers  up"  or  "manufacturers"  of  articles 
made  of  leather,  ought  to  have  been  protected,  but  were 
not ;  the  tanners  were.  The  germs  of  efficient  protection 
were  in  the  Act  of  1831  ;  experience  alone  could  show 
how  to  mature  them  according  to  their  kind. 

8.  Further  Legislation. — The  next  Act  (2  and  3  Viet., 
c.  71)  had  reference  to  bargemen  and  others  on  the  river 
Thames.  It  dealt  with  arbitration  and  recovery  of  wages 
as  well  as  truck,  as  had  been  the  case  in  several  earlier 
Acts.  It  is  not  a  little  singular  that  bargemen,  "  coal- 
whippers,"  "  ballast-heavers,"  and  others,  supposed  to  be 
fairly  well  able  to  look  after  themselves,  were  more  fully 
protected  by  provisions  in  Acts  specially  pertaining 
to  them  than  were  any  other  class  of  workers.  Legisla- 
tion in  favour  of  coal-whippers  commenced  as  early  as 
1758,  by  31  Geo.  II.,  c.  76.  A  further  Act  on  their 
behalf  was  passed  in  1770,  the  10  Geo.  III.,  c.  53.  This 
paternal  legislation  continued  until  this  class  of  workers 
was  handed  over  to  the  "  Trinity  House,"  by  which  Board 
they  were  subsequently  regulated. 


412  LABOUR   LEGISLATION 

9.  Tickets  of  Work. — Provision  for  the  delivery  of  tickets 
of  work  to  workmen  formed  part  of  the  Acts  relating  to 
arbitration  in  disputes  between  masters  and  workmen,  the 
principal  clauses  in  which  were  embodied  in  5  Geo.  IV., 
c.   96.     This  statute  enacted  that  "  with  every  piece  of 
work  given  out  by  the  manufacturer  to  a  workman    to 
be  done,  there  shall,  if  both  parties  are  agreed,  be  delivered 
a  note  or  ticket  in  such  form   as    the  said  parties  shall 
mutually  agree  upon."     The  object  of  such  note  or  ticket 
was  to  prevent  the  workmen  being  defrauded  in  respect  of 
the  amount  of  work  done,  and  of  the  remuneration  for 
such  work  in  certain  of  the  textile  industries. 

10.  Further   Legislation  as  to   Tickets  of  Work. — The 
provisions  in  the  Acts  alluded  to  extended  "  to  persons 
employed  in  the  woollen,  worsted,  linen,  cotton,  and  silk 
hosiery   manufactures."      The  Act  of   1845    related  to 
hosiery  alone.     It  was  "  an  Act  to  make  further  regula- 
tions   respecting    the    tickets    of   work    to    be  delivered 
to  persons  employed  in   the  manufacture   of  hosiery  in 
certain  cases "  (8  and  9  Viet.,  c.   77).     That  Act  made 
it  compulsory  on  the  part  of  the  manufacturer  to  deliver, 
with  the  materials,  a  ticket  of  work  containing  the  par- 
ticulars   of    the    agreement,    and    to    make    and    keep  a 
duplicate  of  such    until   the  work   was   done    and   paid 
for.       The    ticket   was    held    to    be    evidence    of    the 
contract,  to   be  produced  in   case  of  dispute.     Penalties 
were  imposed   on   the  manufacturer   for  non-delivery  of 
ticket  of  work.     The  schedule    sets    out    in    detail  the 
particulars  as  to  stockings,  socks,  gloves,  shirts,  caps,  and 
other  descriptions  of  hosiery.     In  the  same  year  an  Act 
was  passed  relating  to  silk  weavers  (8  and  9  Viet.,  c.  128), 
making  "  further  regulations  respecting  the  tickets  of  work 
to  be  delivered  to  silk  weavers."     Particulars  are  set  forth 
(as  in   the  previous  Act)  relating    to    weavers,  but  it   is 
provided  that  if  both  parties    agree,  the  ticket  may    be 
dispensed  with.     On  the  other  hand,  provision  is  made  for 
the  recovery  of  wages  before  the  Justices  of  the  Peace,  as 
was    the  case  in    the    Spitalfields  Acts.      At  that  date  it 
must  be  remembered  those  were  "  domestic  industries  "  for 


TRUCK— PAYMENT   OF  WAGES  413 

the  most  part,  the  work  being    done  at  the  workmen's 
homes. 

11.  Deductions  from   Wages. — The  Hosiery  Act,  1874, 
(37  and  38  Viet.,  c.  48)  dealt  with  specific  grievances  in 
the    hosiery   trade,   one    of  which   was    frame-rents,   the 
<c  frames  "  being  the  property  of  the  employer,  and  lent 
by  him  to  the  workman  at  a  weekly  or  other  periodical 
rental.     The  most  serious  complaint  of  the  operatives  was 
that,  having  hired  the   frame,  the  employer  stinted  the 
work,  so  that  three  frames  were  made  to  do  what  two 
might  easily  have  done.      The  wages,  already  low,  had 
therefore  to  be  divided  between  three,  whereas  the  work 
was  only  sufficient  for  two,  each  earning,  possibly,  33*3 
per  cent,  instead  of  50  per  cent,  of  the  total  amount.     It 
was  said  that  in  some  cases  the  proportion  was  even  less 
than    one-third.     No    encouragement   was  given   to    the 
operative  to  purchase  his  own  frame,  because  that  would 
reduce  the  profits  of  the  employer.     Of  course  there  were 
exceptions  to  this,  as  was  proven  when  the  Bill  was  before 
Parliament,  for  the  two  men  who  pre-eminently  helped  to 
carry   the   measure  were  largely  engaged  in   the  hosiery 
manufacture  —  Mr.    A.    J.    Mundella  and    Mr.  Samuel 
Morley.     The    effect    of  the    measure    referred    to    was 
practically    to    put    an    end    to    "  frame -rents "    in    the 
hosiery  trade,  and   to  the  evils  which  had  grown  up  in 
connection   with  the  system.     The  Parliamentary  Com- 
mittee of  1874,  together  with  the  Operatives'  Committee, 
helped  to  secure  the  passing  of  that  measure. 

12.  The  Truck  Act,  1887. — Notwithstanding  the  pro- 
visions in    the  Acts  enumerated,   truck  was  extensively 
resorted  to  in  numerous   industries,  including   those    in 
which  it  was  specifically  prohibited,  as  well  as  in  others 
not  enumerated  in  the  Acts.     The  abuses  were  so  noto- 
rious  and   the    complaints  so  widespread   that  a   Royal 
Commission  was  appointed  to  inquire  into  the  operation 
of  the  Truck  Acts,  Mr.  R.  S.  Wright  (now  Mr.  Justice 
Wright)  being    secretary   to    the    Commission.      It  was, 
perhaps,  due  to  him   that  the   inquiry  was  so  full   and 
complete,  and  the  exposures  so  successful  and  effectual. 


414  LABOUR   LEGISLATION 

That  inquiry  and  the  report  of  the  Commission  broke 
the  back  of  the  system,  but  did  not  wholly  destroy  it. 
In  1887  the  late  Charles  Bradlaugh  brought  in  a  Bill  to 
amend  and  extend  the  law,  which  was  carried,  as  the 
50  and  51  Viet.,  c.  46 — the  Truck  Act,  1887.  Mr.  Brad- 
laugh  had  some  difficulty  in  carrying  his  measure,  and  he 
bitterly  complained  to  me — acting,  as  I  did,  as  his  informal 
whip  on  the  occasion — of  the  apathy  and  cowardice  of 
certain  workmen,  who  were  loud  enough  in  their  com- 
plaints but  lacked  the  pluck  to  give  evidence  before  the 
Committee  which  sat  on  the  Bill.  It  was  carried,  however, 
and  its  defects,  such  as  they  are,  were  as  much  due  to  the 
conduct  of  those  for  whose  benefit  it  was  intended  as  to 
the  opposition  of  employers. 

13.  Particulars  of  Work. — In  the  Factory  and  Work- 
shops Act,  1891  (54  and  55  Viet.,  c.  75)  there  were  specific 
provisions  (§  24)  for  the  supply  of  particulars  of  work  to 
persons  engaged  by  the  piece  in  cotton,  worsted,  woollen, 
linen,  or  jute  trade,  which  particulars  are  not  to  be  dis- 
closed to  the  detriment  of  the  employer.     The  section 
also  included  workers  engaged  by  the  piece  in  factories 
and  workshops  other  than  those  enumerated.      Further 
provision  was  made  in  58  and  59  Viet.,  c.  37,  §  40,  the 
amending  Act  of  1895.     Many  of  the  employers  were 
opposed  to  the  provision  in  the   Act  of  1891,  when  it 
was  proposed,  but  it  was  accepted  with  the  proviso  as  to 
disclosure.      It  appears  to  have  worked  well  generally, 
many  disputes  having  been  averted  by  the  method  adopted 
of  mutually  arranging  terms.     Mr.  Thomas  Birtwistle  was 
specially  appointed  as  Inspector  in  this  connection. 

1 4.  Factory  and  Workshop  Act^  1901 . — All  provisions  of 
this  kind  connected  with  factories  and  workshops  are  now 
embodied  in  the  Consolidation  Act  of  1901  (Part  VII., 
§§  1 1 6  and  1 1 7).     It  also  provides  for  the  inspection  of 
weights  and  measures  used  in  ascertaining  wages.     The 
real  object   of  all    the   measures   herein    noted    was  the 
prevention  of  fraud,  just  as  the  Weights  and  Measures 
Acts  tried  to  do  so  generally,  and  as  the  Adulteration 
Acts  sought  to  do  so  as  regards  food,  drink,  drugs,  seeds, 


TRUCK— PAYMENT  OF  WAGES  415 

and  other  articles.     But  it  was  necessary  to  pass  special 
Acts  in  respect  of  labour. 

15.  Check-weighing  Clauses  of  the  Mines  Acts. — What 
the  provisions  in  various  Acts  relating  to  tickets,  notes, 
and  particulars  of  work  did  for  the  textile  operatives,  the 
check-weighing   clauses   in  the  Mines    Acts  did  for  the 
miners.     The  tales  that  were   told  of  the  way  in  which 
the  miners  below  ground  were  defrauded  by  the  weigher 
above  ground  were  so  atrocious  as  to  be  scarcely  believable. 
If  the  tub  was  below  weight,  or  had  dirt  in  it,  such  tub 
was  often  absolutely  confiscated.     If  it  was  over-weight  no 
advantage  accrued  to  the  miner.     He  was  robbed  right 
and  left.     The  demand  for  a  check-weigher  not  absolutely 
the  creature  of  the  coalowner  was  made  at  the  Miners* 
Conference  at  Leeds,  in  1863.     For  a  considerable  time 
the   protests   were  disregarded,  the  demands  for  redress 
were  of  no  avail.     At  last,  in  the  Mines  Regulation  Acts 
of    1872,    provision    was   made    for   a   check- weighman, 
answerable  to  the   men.     In  the  Weights  and  Measures 
Act  of  1878  miners  were  further  protected.    In  later  Acts 
the  check- weighman  was  madel>  more  or  less  independent 
of  the  mineowner,  so  that  now  the  miner  is  fairly  well 
protected  from  the  avariciousne\s  of  those  who  would  be 
unscrupulous  if  they  dared.     Tre  unions  are  now  strong 
enough  to  ensure  justice — fair  weWht,  and  only  reasonable 
deductions  in  cases  where  an  excefc  of  dirt  is  thrown  into 
the  tub.     Thus  has  the  miner  bee^  cared  for  in  the  legis- 
lation of  recent  years. 

1 6.  Recovery  of  Wages. — Some  very  crude  provisions 
were  enacted  in  the  Truck  Acts,  the  Spitalfields  Acts, 
Arbitration  Acts,  and  in  special  Acts  relating  to  particular 
trades,  for  the  recovery  of  wages ;  but  they  were  rendered 
nearly  useless  by  other  provisions  not  favourable  to  labour. 
The  one  great  advantage  conferred  was  that  the  Justices' 
Courts  were,  for  these  matters,  constituted  as  Civil  Courts, 
so   that  wages  could  be  recovered  without  an  expensive 
action  at  law,  involving  costly  litigation.     This  was  pro- 
vided for  in  several  specific  statutes,  and  then  again  in  the 
more  general  statutes  relating  to  procedure,  and  in  the 


416  LABOUR   LEGISLATION 

rules  and  orders  thereunder.  When  County  Courts  were 
established  matters  of  wages  were  relegated  to  them  also. 
There  was,  however,  no  general,  adequate,  cheap,  and 
expeditious  method  for  the  recovery  of  wages  in  all  trades 
until  the  Employers  and  Workmen  Act,  1875,  was  passed, 
when  the  breach  of  labour  contracts  was  made  a  civil 
offence,  liable  only  for  pecuniary  damages,  except  in  a  few 
special  cases  where  heavier  penalties  were  awarded.  For 
all  purposes  of  recovery  County  Courts  and  Magistrates' 
Courts  are  Civil  Courts,  in  consequence  of  which  there 
need  not  be  any  great  delay  in  obtaining  an  adjudication 
upon  the  wages  of  labour,  whether  by  day-workers  or 
piece-workers,  and  as  a  rule  the  decisions  may  be  said 
to  be  fairly  just,  at  least  upon  the  evidence  tendered  to 
and  proven  before  the  court. 

17.  Arrestment  or  Attachment  of  Wages. — Those  two 
terms  mean  the  same  thing.  Arrestment  is  used  in  respect 
of  Ireland  and  Scotland,  attachment  as  regards  England 
and  Wales.  They  may  be  defined  as  a  stoppage  or  seizure 
under  authority  of  the  law,  by  an  order  of  the  judge,  to 
hinder  or  detain  the  amount  due  as  wages  or  otherwise, 
(i)  The  earliest  Act  apparently  was  the  Irish  Act  (1714), 
2  Geo.  I.,  c.  17 — uAn  Act  to  empower  Justices  of  the 
Peace  to  determine  disputes  about  servants,  artificers,  and 
day-labourers'  wages,  and  other  small  demands,  and  to 
oblige  masters  to  pay  the  same,  and  to  punish  idle  and 
disorderly  servants."  The  title  of  the  statute  indicates 
how  the  smallest  legislative  concession  to  labour  was 
disfigured  by  some  provision  or  another,  more  or  less 
adverse  to  labour.  What  had  "  idle  and  disorderly  ser- 
vants" to  do  with  the  payment  of  wages,  rightfully 
due?  That  Act  was  followed  by  four  others  in  1729-30, 
1751-2,  1755-6,  and  1765.  Each  of  those  statutes  con- 
tained matters  other  than  provisions  relating  to  wages. 
The  provisions  as  to  wages  in  those  five  Acts  were  re- 
pealed in  1814  by  54  Geo.  III.,  c.  116,  the  other  sections 
being  left  unrepealed.  All  the  Acts  enumerated  related 
solely  to  Ireland,  as  will  be  seen  by  the  repealing  Act, 
entitled,  "  An  Act  to  repeal  several  laws  for  the  recovery 


TRUCK— PAYMENT   OF  WAGES  417 

of  small  sums  due  for  wages  in  Ireland,  and  to  make  other 
provisions  for  the  recovery  of  such  wages." 

1 8.  (2)  Legislation   as   regards   England    and   Wales 
began,  except  such  provision  as  was  contained  in  5  Eliz., 
c.  2,  and   i  Jas.  I.,  c.  6,  with  the  20  Geo.  II.,  c.  19,  in 
1746-47.     That  Act  empowered  justices  of  the  peace  to 
make  order  for  payment  of  wages,  &c.     It  was  amended 
by    31   Geo.   II.,   c.    1 1    (1758),   by   6   Geo.  III.,  c.  25 
(1766),  4  Geo.  IV.,  c.  29  (1823),  and  4  Geo.  IV.,  c.  34, 
in  the  same  year.     In  1845  anc^  agam  m   ^46  (8  and  9 
Viet.,  c.  127,  and  9  and  10  Viet.,  c.  95)  the  Acts  for  the 
recovery  of  small  debts  applied  more  generally  than  the 
provisions  in  the  before-quoted  Acts.    The  7  and  8  Viet., 
c.  96  (in  1844)  had  reference  to  the  same  matter  in  cases 
of  bankruptcy. 

19.  (3)  Scotland  was  specifically  provided  for  in  1795 
by  the  35  Geo.  III.,  c.  123.     Other  Acts  were  passed  in 
1800,   1825,    1837,    1838,    and    1845;    the    ^tter    was 
special  as  regards  "  the  Law  of  Arrestment  of  Wages  in 
Scotland."     Subsequent   Acts   were    of   a   more   general 
character  in  respect  of  all  parts  of  the  United  Kingdom. 
Provisions  are  also  to  be  found  in  the  Summary  Juris- 
diction Act,  Ireland,  1851,  the  Common  Law  Procedure 
Acts,  1854,  1856,  and  1860.     In  1867,  the  County  Court 
Act,  30  and  31  Viet,  c.  142,  applied  to  wages.     In  1870 
an    Act    to    abolish    arrestment    for    wages    was    carried, 
33  and  34   Viet.,   c.   30,  and  in  the  same  year  an  Act 
to  limit  wages  arrestment  in  Scotland  was  also  carried, 
the  33  and  34  Viet.,  c.  63. 

20.  Extended  Jurisdiction. — In  all    those  earlier  Acts, 
enumerated  or  indicated,  the  limit  of  recovery  was  small, 
not  exceeding  ^6  ;  the  amount  is  now  extended  to  ^50 
both  in  county  courts  and  magistrates'  courts  under  the 
Employers  and  Workmen  Act.     The  law  may  not  be 
perfect,    but   workmen    can    more    easily,    cheaply,    and 
expeditiously    recover    their     wages    than     the     baker, 
grocer,    or    clothier    can    recover    debts    due    to    them, 
as  any  one    conversant    with    procedure    in    such    courts 
well    knows,    especially   those   who    have    had   recourse 

28 


418  LABOUR   LEGISLATION 

to  them  for  the   recovery  of   amounts    due    for    articles 
supplied. 

21.  Preferential  Payments    in  Cases  of  Bankruptcy. — 
Within  the  limits  prescribed  by  law,  the  wages  of  labour 
have  a  preferential  claim  if  the  employer  becomes  bank- 
rupt.    In    1869,  by  32  and  33  Viet.,  c.  71,  §  33,  pre- 
ferential claim,  by  an    apprentice   or  articled  clerk,  was 
admitted  ;  by  §  32  of  same  Act,  all  wages  due  of  servant 
or  salary  of  clerk,  up  to  £50,  and  of  workmen,  to  the 
extent  of  two  months'  full  wages,  had  equal  priority  of 
claim  with  local  rates  and   Imperial  taxes    in    due  pro- 
portions.    In  the  Bankruptcy  Act  of  1883,  the  46  and  47 
Viet.,  c.   52,  priority  of  debts  is  provided  for  in  §§  40 
and  41,  thus:  (a}  All  local  rates  and  Imperial  taxes  for 
one   year,  and  (£)  All   salaries  and   wages   up  to  ^50. 
That  Act  is  still  in  force  as  the  principal  Act. 

22.  In    Scotland. — Preferential     claims    to    wages    in 
Scotland   were    secured    in    1856    by    19  and  20  Viet., 
c.    79,    §    122,   called    "  privileged    debts    to    a   limited 
amount,"  and  again  by  38  and  39  Viet.,  c.  26,  in  1875— 
both  Bankruptcy  Acts.     Preferential  claims  to  wages  in 
the  United  Kingdom  were  further  provided  for  in  1883, 
by  46   and  47   Viet.,  c.   52,  §§  40  and  41.     That  was 
a  general  Act.      Preferential  claims  for  wages    are    also 
provided  for  in  the  Companies  Acts,  1888,  the  51  and  52 
Viet.,  c.  42,  as  to  England  and  Scotland, and  in  1889,  the 
52   and   53   Viet.,  c.   60,  as  to  Ireland.     The  law  as  it 
stands  provides  proportional  equality  of  claims  in  respect 
of  local   rates,   Imperial  taxes,  wages,  and   salaries  to  a 
definite  amount,   and  of  apprentices  and  articled  clerks. 
Special  provision  is  made  in  the  latter  case  as  to  "  transfer 
of  indenture  of  apprenticeship,  or  articles  of  agreement  to 
some  other  person." 

23.  Payment  of   Wages  in  Public-houses  Prohibited. — 
The  working  classes  of  to-day  have  no  conception  of  the 
terribly  disastrous  effects  of  the  old  system  of  payment  of 
wages  in  public-houses  ;  only  those  whose  working  age 
goes  back  to  the  forties  and  fifties  can  form  any  idea  as 
to   its  extent  and  its  baneful  consequences.     The  better 


TRUCK— PAYMENT   OF  WAGES  419 

class  of  mechanics  and  artisans  ceased  work  at  four  o'clock 
on  Saturdays,  others  at  5.30  or  6  p.m.  It  was  usual  for 
the  operatives  employed  at  factories  and  workshops, 
adjacent  to  the  employer's  office,  to  be  paid  on  the  spot. 
In  the  building  trades,  in  very  many  cases,  the  workmen 
had  to  walk  from  the  job,  often  miles  away,  to  the  pay 
office,  generally  in  the  men's  own  time.  That  system 
was  deemed  to  be  necessary  in  order  to  protect  the 
employer  from  fraudulent  foremen,  by  drawing  wages  for 
what  were  called  "  dummies,"  that  is,  fictitious  names  in 
the  wages  list.  Some  of  the  larger  contractors  paid  on 
the  job  immediately  the  working  time  expired  on  Satur- 
days. The  greatest  sinners  in  respect  of  public-house 
payments  were  men  only  one  remove  from  the  status  of 
journeymen — "  sloggers  "  and  "  field-rangers  "  they  were 
called  in  the  building  trades,  a  section  of  those  termed 
"jerry-builders."  Some  of  those  men  kept  the  operatives 
until  nearly  midnight  before  they  got  their  wages — but 
they  could  have  beer  or  other  drinks  "  on  tick  "  till  the 
"boss"  settled  up  later  on.  Sometimes  the  men  were 
never  paid  at  all,  the  "  boss  "  having  decamped  with  the 
whole  of  the  earnings  of  the  week.  Drunkenness  and 
quarrelsomeness  were  promoted  by  this  system.  The 
men  often  had  no  food  after  the  midday  meal,  and  then 
a  little  drink  overcame  them.  The  lodges  of  trade 
societies  were  often  a  pandemonium,  in  consequence  of 
late  payments  at  public-houses.  The  system  was  partly 
broken  down  by  combinations,  ere  the  law  stepped  in, 
but  it  had  sufficiently  survived  to  necessitate  legislative 
action,  and  the  powerful  influence  of  public  opinion, 
backed  up  by  the  better  class  of  employers. 

24.  Legislative  Provisions.  —  Singularly  enough,  the 
first  blow  struck  at  public-house  payments  was  for  the 
protection  of  bargemen,  coal-whippers,  and  ballast-heavers 
on  the  river  Thames,  elsewhere  referred  to.  The  Acts 
of  1758,  the  31  Geo.  II.,  c.  76,  of  1770,  the  10  Geo.  III., 
c.  53,  and  of  1839,  the  2  and  3  Viet.,  c.  71.  Among 
other  provisions,  payment  of  the  men  in  beer-houses, 
usually  kept  by  the  "  butty,"  or  by  one  with  whom  he 


420  LABOUR   LEGISLATION 

was  in  league,  both  sharing  in  the  profits.  The  next 
Acts  were  the  Mines  Regulation  Acts,  1872,  the  35  and 
36  Viet.,  c.  76  and  c.  77,  in  which  payment  of  wages  in 
public-houses  was  prohibited  in  connection  with  both 
coal-mines  and  metalliferous  mines.  These  prohibitions 
were  continued  in  later  Acts.  In  1883  a  General  Act 
was  passed,  the  46  and  47  Viet.,  c.  31,  "An  Act  to  pro- 
hibit the  payment  of  wages  to  workmen  in  public-houses, 
and  certain  other  places."  That  Act  applies  to  Great 
Britain,  but  not  to  Ireland.  For  the  purposes  of  adminis- 
tration, it  applies  the  Summary  Jurisdiction  Acts  in 
England  and  Scotland.  Domestic  servants  and  miners 
are  otherwise  protected,  the  latter  being  protected  by  the 
Mines  Acts  still  in  force.  Seamen  were  protected  in  the 
Merchant  Shipping  Acts,  but  very  inadequately  until  Mr. 
Plimsoll  took  up  their  cause.  They  are  now  pretty  well 
protected  by  the  "Merchant  Shipping  Act,  1894,"  the 
57  and  58  Viet.,  c.  60,  a  Consolidation  Act,  as  to  "pay- 
ment of  wages"  by  §§  131  to  139  inclusive.  That  stupen- 
dous and  masterly  Act  had  the  assent  of  shipowners  and 
seamen,  both  of  whom  were  represented  on  the  Committee 
to  whom  the  Bill  was  referred. 

25.  General  Summary. — The  legislation  referred  to  in 
the  several  paragraphs  of  this  chapter  is  full  of  historical 
interest.  The  record  shows  how  tenderly  the  legislature 
touched  the  subject  of  the  relationship  between  employer 
and  employed.  It  would  almost  seem  as  if  the  Legislative 
Assembly  doubted  whether  it  could  be  improved,  whether, 
in  fact,  it  needed  improvement.  It  may  have  been  that 
our  august  legislators  scarcely  believed  it  possible  for 
employers  of  labour  to  fall  so  low  as  to  be  guilty  of 
the  paltry,  mean,  and  dishonest  tricks  and  devices  attri- 
buted to  some  of  them  in  order  to  increase  their  profits  in 
the  way  of  trade.  Very  likely  many  employers  disbelieved 
it  also.  But  as  the  facts  became  known,  and  legislation 
was  found  to  be  necessary,  measures  were  taken,  gingerly 
and  slowly  at  first,  to  mitigate  the  evils  complained  of, 
and  gradually  to  find  out  the  proper  remedies.  It  is 
a  history  of  slow  growth.  Each  step  was  taken  cautiously, 


TRUCK— PAYMENT   OF  WAGES  421 

but  once  taken  there  was  no  going  back.  The  provisions 
in  the  several  Acts,  relating  to  the  various  matters 
adverted  to,  are  now  tolerably  adequate  for  the  purposes 
intended.  They  would  be  wholly  adequate  if  workmen 
used  their  opportunities  and  combined  power.  If  they 
prefer  to  beat  the  wind  and  spend  their  time  and  money 
over  impossible  and  questionable  schemes  instead  of 
uniting  for  practical  measures,  they  have  themselves  to 
blame  if  the  results  are  not  quite  satisfactory. 


CHAPTER   XXXVIII 

EMPLOYERS'  LIABILITY  :  COMPENSATION   FOR   INJURIES 

IN  all  the  varied  avocations  in  life,  it  is  essential  that 
the  worker  shall  feel  assured  that  all  needful  precau- 
tions have  been  taken  to  ensure  reasonable  safety  to  life 
and  limb.  In  some  industries  the  risks  are  very  great  in 
any  case,  even  when  the  utmost  care  has  been  exercised. 
This  is  especially  the  case  in  coal-mining,  in  a  seafaring 
life,  on  railways,  in  the  manufacture  of  explosives,  in  lead 
works,  and  some  other  chemical  industries  ;  and  several 
special  trades.  The  late  Professor  Huxley  once  said  that 
there  are  no  such  things  as  accidents  ;  those  we  call  such 
are  the  results  of  definite  causes,  whether  avoidable  or 
not,  most  of  which  might  be  avoided  by  knowledge,  fore- 
sight, and  adequate  precautions.  But  casualties  occur 
with  amazing  regularity  in  some  industries  in  spite  of 
well-contrived  appliances,  rigid  supervision,  and  watchful 
care.  Sometimes  a  new  contrivance  to  ensure  safety  is 
itself  a  cause  of  danger,  as,  for  example,  an  increase  of 
ventilation  in  coal-mines  rendered  the  Davy  lamp  no 
longer  a  "safety  lamp,"  as  previously.  A  new  lamp  had 
to  be  invented  as  a  substitute  for  the  old.  Not  only  work- 
men but  the  public  generally  now  demand  guarantees  of 
safety. 

i.  Liability  for  Accidents  under  the  Common  Law. — 
Under  the  Common  Law  of  England  liability  is  thus 
denned  : — 

"i.    A    person    guilty    of    negligence     is     liable    to    make    good 
any    pecuniary    damage     resulting    therefrom    to    another,    provided 

422 


EMPLOYERS'   LIABILITY  423 

that    such    damage    can   with    sufficient    directness  be   traced   to  the 
negligence. 

"2.  A  person  who  commits  a  wrongful  act  by  means  of  another  is 
(subject  to  the  same  qualification)  liable  for  its  consequences."  x 

Those  maxims  are  in  substance  the  same  as  in  the  old 
Roman  law,  and  appear  to  have  been  accepted  and  acted 
upon  wherever  Roman  jurisprudence  exercised  influence. 
No  distinction  was  made  as  to  persons,  or  the  mutual 
relations  existing  between  the  parties,  so  that  workmen 
stood  in  the  same  position  as  the  general  public.  No  test 
cases  appear  to  have  arisen  until  1837,  by  which  to  judge 
of  the  operation  of  the  Common  Law,  as  regards  the 
liability  of  employers  to  workmen  injured  in  the  course 
of  their  employment.  Workpeople  were  not  in  a  position 
to  enter  an  action  at  law  to  assert  or  maintain  their 
rights.  They  had  no  trade  unions  to  fight  their  battle, 
and  individuals  were  too  poor  to  indulge  in  "  the  luxury 
of  litigation." 

2.  Doctrine  of  Common  Employment. — "  The  doctrine 
of  common  employment,"  says  Mr.  Ruegg,  "  is  supposed 
by  some  to  be  an  ancient  doctrine,  although  it  appears 
to  have  been  fully  discussed  judicially  for  the  first  time 
less  than  fifty  years  ago."  2  The  first  case  cited  in  the 
text-books  is  that  of  Priestly  v.  Fowler,  in  1837.  This 
was  an  action  brought  against  a  butcher  by  one  of  his 
servants  for  injuries  caused  by  overloading  the  van,  which 
he  had  been  ordered  to  accompany.  The  van  was  in 
charge  of  a  fellow-servant  to  whose  negligence,  so  it  was 
alleged,  the  overloading  was  attributable.  "  It  was  decided 
expressly  upon  this  ground  that  the  servant  injured  could 
not  recover  compensation  from  his  master."  No  authority 
was  quoted  in  the  judgment  of  the  learned  judge  in  sup- 
port of  his  decision — Abinger,  C.  B.  The  next  English 
case  was  Hutchinson  v.  the  York,  Newcastle,  and  Berwick 
Railway  Company,  in  which  Alderson,  B.,  decided  that  as 
the  servant  causing  and  the  servant  suffering  the  injury 

1  See  Ruegg's  admirable  "  Treatise   upon   the  Employers'  Liability 
Act,"  Butterworths,  1882. 

2  Ruegg,  "Treatise  upon  the  Employers'  Liability  Act,  1880,"  p.  5. 


424  LABOUR   LEGISLATION 

were  both  engaged  in  a  common  service,  the  master  was 
not  responsible  for  the  negligence.  He  went  further,  and 
implied  that  the  contract  of  service  involved  that  the 
hired  accepted  the  risks  incidental  to  the  service.  In 
another  case  under  Lord  Campbell's  Act,  Wigmore  v.  Jay, 
it  was  decided  that  a  foreman  was  a  fellow-workman,  and 
therefore  not  entitled  to  compensation. 

3.  The  Scotch    Case. — In    the    year    1858    the  case  of 
"  The  Bartonshill  Coal  Company  v.  Reid  "  was  brought 
to   the  House  of  Lords  on  appeal  from  the  Court  of 
Session    in   Scotland.      Up  to  that  date,  it  appears,  the 
doctrine  of  common  employment  had  not  been  pleaded  in 
the  Scotch  courts,  or,  if  it  had,  no  decision  in  its  favour 
had  been  recorded.     The  House  of  Lords  decided  that 
the  law  in  the  two  countries  as  to  common  employment 
was   identical.     In  another  case  under  Lord  Campbell's 
Act  it  was  held  that  a  mining  company  was  not  responsible 
for  the  death  of  a  miner  whilst  being  drawn  up  from  the 
mine,  due  to  negligence   on  the  part    of  the   engineer. 
Thus   the  doctrine  was  strengthened    and   extended    by 
each  successive  decision,   no  judgment  contrary  thereto 
being  given  in  any  case. 

4.  Judge-made    Law. — The    danger    of    empowering 
courts  of  law  to  read  into  the  Common  Law,  or  into 
statutory  enactment,   anything  not  actually  to  be  found 
therein,    is   stupendous.     Such  a  power  renders  the  law 
uncertain  as  a  game  of  hazard,  for  the  judge  or  judges,  if 
the  matter  goes  to  the  Court  of  Appeal  and  to  the  House 
of  Lords,  can  practically  at  will  determine  the  issue,  not 
according  to  the  maxims  of  Common  Law,  not  according  to 
the  provisions  of  Statute  Law,  but  upon  grounds  quite  out- 
side of  either.     It  is  not  what  the  law  says,  but  what  the 
court  thinks  it  might  or  ought  to  say  that  finally  deter- 
mines the  case. 

5.  Enactments  as  to  "Accidents." — The  sole  object  of  all 
the  earlier  Acts  relating  to  accidents,  and  injuries  caused 
thereby,  was  prevention  rather  than  compensation.     This 
indeed  was  the  view  of  the  labour  leaders  who  first  pro- 
moted legislation  on  the  subject.     No  monetary  considera- 


EMPLOYERS'   LIABILITY  425 

tion  can  be  compensation  for  death  ;  and  it  is  poor,  at  the 
best,  for  serious  personal  injury.  The  first  enactments 
were  intended  to  ensure  the  safety  of  passengers  carried 
outside  stage-coaches  and  other  carriages.  By  2  8  Geo.  III., 
c.  57,  in  1788,  the  number  to  be  carried  was  limited. 
This  was  amended  in  1790  by  30  Geo.  III.,  c.  31,  in 
which  provision  was  made  for  regulating  the  conduct  of 
drivers  and  guards  of  such  vehicles.  Those  statutes  were 
further  amended  in  1806  by  46  Geo.  III.,  c.  136,  but 
generally  on  the  same  lines.  In  1810  all  these  enact- 
ments were  repealed  by  50  Geo.  III.,  c.  48,  and  new  pro- 
visions for  safety  were  substituted.  In  1820  a  more 
stringent  Act  was  passed — i  Geo.  IV.,  c.  4  :  "An  Act 
for  punishing  criminally  drivers  of  stage-coaches  and  other 
carriages  for  accidents  occasioned  by  their  wilful  neglect." 
Owners  were  responsible  for  damages  under  the  common 
law,  and  by  this  later  Act  the  drivers  were  criminally 
responsible  for  wilful  misconduct  if  an  accident  occurred 
in  consequence  thereof,  causing  injury  to  persons. 

6.  Lord  Campbell's  Act,  1 846. — It  would  appear  from 
the  preamble  to  9  and  10  Viet.,  c.  93 — "An  Act  for 
compensating  the  families  of  persons  killed  by  accidents  " 
— that  the  statute  was  intended  in  some  way  to  at  least 
minimise  the  effect  of  the  decision  in  the  case  of  Priestly 
v.  Fowler,  in  1837,  and  to  remedy  an  evident  defect  in 
the  Common  Law.  The  preamble  says  :  "  Whereas  no 
action  at  law  is  now  maintainable  against  a  person  who  by 
his  wrongful  act,  neglect,  or  default  may  have  caused  the 
death  of  another  person,  and  it  is  oftentimes  right  and 
expedient  that  the  wrong-doer  in  such  case  should  be 
answerable  in  damages  for  the  injury  so  caused,"  &c.  The 
Act  provides  (i)  that  an  action  shall  be  maintainable  against 
any  person  causing  death  through  neglect,  &c.,  notwith- 
standing the  death  of  the  person  injured.  (2)  Action  to 
be  brought  for  the  benefit  of  certain  relations  by  and  in 
the  name  of  the  executor  or  administrator  of  deceased. 
(3)  Only  one  action  shall  lie.  (4)  Plaintiff  to  deliver 
full  particulars  of  person  for  whose  benefit  the  damages 
are  claimed.  The  doctrine  of  common  employment  was 


426  LABOUR   LEGISLATION 

practically  declared  to  govern  this  Act  by  decisions 
subsequently  given — Hutchinson  v.  The  York,  &c.,  Rail- 
way Company,  1850;  Wigmore  v.  Jay,  brought  under 
the  Act  and  the  Bartonshill  Coal  Co.  v.  Reid,  in  1858. 

7.  Miners    Demand   a    Compensation    Act. — The    first 
formal   demand   for  a  Compensation  Act  was  made  by 
miners    at    their    Conference    in    Leeds    in    1863.     The 
Scotch   miners  had  taken  up  the  case   of  Reid  v.   The 
Bartonshill    Coal    Company,    and    when    the    company 
appealed  to  the   House    of   Lords    from    the    Court    of 
Session  in  Scotland  they  supported  the  case  against  the 
appellants.     The  House  of  Lords  decided  in  favour  of 
the  appellants  in   1858,  now  quoted  as  The  Bartonshill 
Coal  Company  v.  Reid.     Lord  Campbell's  Act  did  not 
apply  to  Scotland,  therefore  that  statute  was  not  quoted. 
The  decision  was  on  all  fours  with  that  of  Priestley  v. 
Fowler  on  the  ground  of  common  employment.     Curious 
things — "  Doctrines  "  of  Law,  as  seen  in  two  conspicuous 
examples  :    (i)  "  Doctrine  of  Restraint  of  Trade,"  and 
(2)  "  Doctrine  of  Common  Employment. "     It  remains 
for  some  court  or  judge  to  declare  the  Doctrine  of  Common 
Safety  as  a  principle  of  law.    As  regards  common  employ- 
ment the  decisions  are  at  least  peculiar.    For  injury  caused 
by  a  fellow-workman  the  employer  is  not  held  responsible. 
Employer  not  held  to  warrant  the    competency   of  his 
servants,  nor  fitness  of  plant  or  materials  ;  workmen  take 
the  risk  ;    foreman  declared   to  be   a  fellow-workman — 
Wigmore  v.  Jay   (Lord  Campbell's  Act)  ;    the  general 
traffic  manager  of  a  railway  company  may  be  a  fellow- 
workman  ;    so    may   the    actual    employer,    if   he    be    a 
sub-contractor.     Very  curious,  very  complicated. 

8.  Legislation  and  Agitation,    1863-1880. — In  conse- 
quence of  the  better  organisation  of  trade  unions  in  the 
sixties,  and   of  conferences  of  representatives  of  various 
unions   at    Derby    in    1860,   in    Sheffield,   Glasgow,    and 
London  in   1864-66,  and  the  institution  of  the  Annual 
Trades'  Union  Congresses  in   1868,  the  general  body  of 
the    trades    took   over    the    movement    initiated    by    the 
miners  in    1863,  and  the  question   of  compensation  for 


EMPLOYERS'    LIABILITY  427 

injuries  caused  by  accidents  thereafter  became  general,  on 
the  ground  that  all  workmen  employed  in  trades  liable  to 
accidents  were  equally  interested  in  the  matter  of  safety, 
though  the  risks  in  some  were  trifling  as  compared  with 
the  grave  danger  in  others.  The  action  of  the  Parlia- 
mentary Committee  of  the  Trades'  Congress,  as  regards 
the  Bills  introduced,  and  the  means  taken  to  ensure  their 
passing,  will  be  found  elsewhere,  and  therefore  need  not  be 
here  repeated.1 

9.  Various  Acts  to  Ensure  Safety. — That  the  Legislature 
has  always  designed  in  recent  years  to  ensure  safety,  both 
to  the  general  public   and  to  the  persons  employed,   is 
obvious  from  the  number  of  enactments  in  various  groups 
of    Acts   relating    to    the   subject.     Here   are   some   as 
indicative  of  intention  :  (a)  Under  the  head  of  Coroner 
— Injury  Causing  Death  ;  (£)  Furious  Driving  ;  (c]  The 
Mines   Regulation  Acts ;    (d}    Factory   and  Workshops 
Acts  ;  (e)  Railway  Acts  ;  (/)  Merchant  Shipping  Acts  ; 
(g)    Explosives    Acts  ;    Qi)    Alkali    Works   Acts  ;    (*) 
Quarries    Acts ;     (j)    Threshing    Machines    Act  ;     (£) 
Dangerous  Performances  Acts.     Certain  provisions  in  all 
those,  and  in  other  Acts,  denote  the  intention  of  ensuring 
safety.     State   funds    are    provided  for  the  purposes  of 
inspection,  in  order  to  see  that  proper   precautions  are 
taken  to  secure  that  end,  in  so  far  as  reasonable  appliances 
can  be  adopted  to  avert  accidents  in  all  industrial  under- 
takings.    The  whole  course   of  modern   legislation  has 
been  humane  in  this  direction. 

10.  Workmen  Demand  Compensation  in  Certain  Cases. — 
The  demands  of  workmen,  as  voiced  by  their  represen- 
tative labour  leaders,  were  that  all  reasonable  precautions 
shall   be  taken    to  ensure  safety,   and   if  by    default  or 
neglect  these  were  not  taken,  then  compensation  for  the 
injuries  sustained  shall  be  given,  or  to  the  family,  in  case 
of  death.     The  idea  was  to  fix  responsibility  for  neglect 
or  default ;  next  to  get  rid  of  judge-made  law,  called  the 
"  Doctrine  of  Common  Employment,"  which  rendered 
personal  responsibility  a  nullity.     It  gave  a  loophole  of 

1  See  Chap.  XXIII.,  pars.  17  &  18,  and  Chap.  XXIX.,  par.  14. 


428  LABOUR   LEGISLATION 

escape  in  the  most  negligent  cases,  and  afforded  oppor- 
tunities for  evasion  of  the  law  where  the  neglect  was  such 
that  a  criminal  prosecution  ought  to  have  been  instituted. 
There  was  nothing  left  to  the  workmen  but  to  endure 
until  a  favourable  opportunity  came  for  practical  legislation. 

11.  Measures    Pro-posed  Prior   to    1880. — During   the 
thirty-four  years  that  elapsed  between  Lord  Campbell's 
Act  in  1846  and  the  Employers*  Liability  Act  in  1880, 
there  were  fifteen  Acts  in  which  provisions  were  inserted 
relating  to  safety  of  workpeople,  one  of  which,  27  &  28 
Viet.,   c.   95,  in    1864  amended   Lord   Campbell's  Act. 
Reference  has  already  been  made  to  the   Bills  prepared, 
action  in  Parliament,  and  attitude  of  the  Government  in 
1872,   1873,  and   1874.!     It  is  unnecessary  to  go  over 
the  same  ground  again,  for  the  details  would  have  to  be 
the  same. 

12.  Mr.  Macdonald's  Bill. — In  the  year  1877  the  Bill 
of   Mr.    Alexander   Macdonald,    M.P.    for   Stafford,    as 
amended  and  prepared  by  the  Parliamentary  Committee, 
was  referred   to   a   Select  Committee  of  the    House  of 
Commons,  Sir  Henry  Jackson,  M.P.,  being  the  chairman. 
The  Bill  provided  for  the  total  abolition  of  the  "  doctrine 
of  common  employment."     The  Committee  did  not  en- 
dorse this  fully,  but  they  proposed  so  to  alter  the  law  that 
an  employer  should  be  held  liable  for  his  representative 
as  "  vice-master."     That  Bill  dropped.     In   1879  a  Bill 
was  introduced  by  the  then  Government  providing  that 
corporate  bodies  should  be  held  liable  for  injuries  caused 
to  workmen  in  the  employ  of  such  bodies  by  the  negli- 
gence of  the  manager  or  managers.     That  Bill  was  with- 
drawn   in  July.      It   was   reintroduced  in   1880   by  the 
Lord  Chancellor  in  the  House  of  Lords,  and  was  referred 
to  a  Select  Committee,  which  never  met,  owing  to  the 
dissolution. 

13.  Employers'  Liability  Act,   1880. — The  Employers' 
Liability  Act,  1880,  is  so  well  known,  and  the  full  text 
thereof  is  so  easily  obtainable,  that  only  a  bare  summary 
of  chief  points  is  here  required.     Section  I  provides  :  (i) 

1  See  Chap.  XXIII.,  pars.  17  &  1 8,  and  Chap.  XXIX.,  par.  14. 


EMPLOYERS'    LIABILITY  429 

Where  personal  injury  is  caused  to  a  workman  by  reason 
of  defect  in  ways,  works,  machinery,  or  plant,  connected 
with  or  used  in  the  business  of  the  employer  ;  or  (2)  of 
the  negligence  of  person  in  superintendence  ;  or  (3)  of 
person  in  charge,  to  whose  orders  or  directions  the  work- 
man was  bound  to  conform  ;  or  (4)  act  of  omission  of 
person  in  service  of  employer,  in  obedience  to  rules,  &c.  ; 
or  (5)  negligence  of  person  in  charge  or  control  of  signal 
points,  engine,  or  railway,  the  workman  injured,  or 
representatives,  if  death  ensues,  shall  have  the  same  right 
of  compensation  and  remedies  as  any  person  not  a  work- 
man who  had  been  injured.  This  was  but  a  clumsy  and 
wordy  way  of  getting  rid  of  the  "  doctrine  of  common 
employment,"  with  limitations  as  to  liability.  Then 
follow,  in  §  2,  clauses  safe-guarding  the  employer,  under 
subsections  (i)  and  (4)  respectively,  and  then  generally. 
§  3  limits  the  amount  of  compensation  ;  §  4  regulates 
procedure  and  notice  in  case  of  action  ;  §  5  provides  for 
reduction  of  compensation  in  certain  cases.  The  other 
sections  relate  more  or  less  to  legal  procedure,  to  courts 
having  jurisdiction,  to  notices,  definitions,  &c. 

14.  Defects  in  Act  of  1880. — The  Act  of  1880  never 
gave  satisfaction  to  the  workers  for  whose  benefit  it  was 
more  or  less  intended.  Seamen  were  excluded  from  its 
provisions  because  the  Employers  and  Workmen  Act, 
1875,  did  not  apply  to  them;  this  was  subsequently 
remedied  by  43  &  44  Viet.,  c.  16,  §  n.  The  chief 
cause  of  complaint  was  the  costs  of  litigation.  Employers 
insured,  and  the  insurance  companies  resisted  nearly  every 
claim.  Where  trade  unions  took  the  matter  up  on 
behalf  of  their  members  the  injured  persons  had  some 
chance  of  compensation,  otherwise  very  little.  When 
compensation  was  awarded  a  considerable  portion  of  it 
was  swallowed  up  in  costs.  The  Act  was  difficult  to 
administer.  Judges  complained  of  its  complexity  and 
differed  in  their  decisions.  As  far  as  compensation  was 
concerned  the  Act  in  operation  might  have  been  de- 
scribed :  How  not  to  get  it — not  how  to  get  it. 
Liability  was  hard  to  fix.  But  it  did  have  the  effect 


430  LABOUR   LEGISLATION 

of  ensuring  greater  safety.  Employers  were  taught  the 
useful  lesson  that  the  responsibility  for  safety  lay  at  their 
door.  The  lesson  was  costly,  whether  the  employer  lost 
or  won  the  case.  Mutual  arrangements  were  sometimes 
made  without  litigation  ;  this  was  best  and  cheapest  for 
both  parties.  The  Act  did  not  satisfy  employers  or 
employed.  There  was  no  wholesomeness  in  it.  Relations 
between  the  two  parties  were  embittered.  The  remedy 
proved  to  be  little  better  than  the  disease.1 

15.  General    Compensation    Act    Suggested. — The    dis- 
satisfaction   felt    with    the    operation  of  the    Employers' 
Liability  Act  paved  the  way  for  the  Compensation  Act. 
When  1  was  in  Parliament,  and  the  subject  of  employers' 
liability  came  up  for  discussion,  either  in  the  House  or  in 
private  conversation,   several  large  employers  of  labour 
said,  "  Why  do  you  not  go  in  for  compensation  generally  ? 
It  is  only  a  matter  of  insurance.     We  are  sick  of  litigation 
as  to  liability."       My  reply  generally  was,  "We  do  not 
seek    to    saddle   employers    with    undue   responsibility." 
Their  reply  was,  "  We  are  more  handicapped  now,   and 
yet  we  give   no  satisfaction  to  our  workpeople."     The 
above  is  the  general  purport  of  conversations   between 
employers  and  myself.     The  trend  of  opinion  was  in- 
dicated by  the  remarks  recorded.     At  the  General  Election, 
1895,  one  °f  tne  party  cries  was,  "  A  Compensation  Act 
for  workmen,   irrespective   of  cause   of  accident."     The 
cry  took  on,  and  led  eventually  to  the  enactment  of  the 
Workmen's  Compensation  Act,  1897 — the  60  &  61  Viet., 
c.   38.     The  Act  did  not  come  into  force   until  July  i, 
1898.     From  that  date  till  December  31,  1898,  the  Em- 
ployers' Liability  Act  ran  side  by  side  with  it,  and  thence- 
forward by  the  Temporary  Acts  Continuance  Act,  passed 
in  each  Session,  down  to  this  date,  as  the  Act  of  1880 
continues  to  be  included  in  such  annual  Acts. 

1 6.  General  Purport  of  Compensation  Act. — The  Em- 
ployers' Liability  Act,  1880,  "was  merely  an  amendment, 
though  an  extensive  one,  of  the  hard  Common  Law  rule, 

1   See  Ru  egg's  "Employers'  Liability  Act,    1880,"  and  "  Howell's 
Handy  Book  of  the  Labour  Laws,"  3rd  edition,  1895,  chap,  xii. 


EMPLOYERS'    LIABILITY  431 

that  a  master's  liability  for  the  negligence  of  his  servant 
ceases  to  exist  where  the  negligence  was  that  of  a  servant 
of  the  injured  person.  Further,  that  Act  admitted  the 
defences  of  contributory  negligence  and  of  voluntary 
acceptance  of  risk  "  ;  moreover,  provision  was  made  for 
contracting  out  of  the  provisions  of  the  Act.1  (i)  The 
Compensation  Act  was  at  first  restricted  to  employments 
"  on  or  in  or  about  a  railway,  factory,  mine,  quarry,  or 
engineering  work  ;  or  on,  in  or  about  any  building  which 
exceeds  30  feet  in  height,  and  is  either  being  constructed 
or  repaired  by  means  of  scaffolding,  or  being  demolished, 
or  on  which  machinery  driven  by  steam,  water,  or  other 
mechanical  power  is  being  used  for  the  purpose  of  the 
construction,  repair,  or  demolition  thereof"  (§  7).  By 
63  &  64  Viet.,  c.  22  (1899),  the  Act  of  1897  is  applied, 
with  restrictions,  to  agricultural  work.  In  respect  of  the 
employments  enumerated,  the  Act  "  almost  unrestrictedly 
fixes  the  employer  with  liability  to  pay  compensation  to  a 
workman  personally  injured,  or  to  the  '  dependents '  of  a 
workman  killed  by  accident  arising  out  of,  and  in  the 
course  of,  his  employment."2 

17.  Restrictions  as  to  Compensation  and  Liability. — As 
Mr.  J.  M.  Lely  remarks,  employers  in  the  trades  men- 
tioned are  "  almost  unrestrictedly  fixed  with  liability " 
under  the  Act,  But  there  are  two  or  three  limitations. 
The  employer  is  not  liable  for  any  injury — (i)  not  dis- 
abling the  workman  for  at  least  two  weeks  from  earning 
full  wages  ;  or  (2)  if  the  injury  is  attributable  to  the 
serious  and  wilful  misconduct  of  the  workman  ;  and  (3) 
there  is  a  limitation  as  to  the  weekly  or  total  amount  of 
compensation.  As  to  amount,  that  is  fixed  at  50  per 
cent,  of  average  weekly  wages  not  exceeding  2os.  per 
week,  and  in  case  of  death  a  payment  not  exceeding 
^300.3  The  injured  person  may  proceed  under  the 
Employers'  Liability  Act  or  the  Compensation  Act,  some 
option  being  given  as  to  procedure.  Contracting  out  is 

1  See  "The  Annual  Statutes,"  1897,  by  J.  M.  Lely,  p.  xiv  and  p.  39 

et  seq. 

2  See  above,  same  pp.  3  Ibid.,  p.  xiv. 


432  LABOUR   LEGISLATION 

allowed,  under  statutory  restrictions,  by  certificate  of  the 
Registrar  of  Friendly  Societies,  but  any  other  arrangement 
for  contracting  out  is  prohibited.  Existing  contracts  at 
date  of  commencement  of  the  Act  terminated,  but  arrange- 
ments were  made  by  which  compensation  then  due  and 
accruing  was  determined  as  to  payment  and  distribution. 
It  cannot  be  denied  that  the  object  and  intentions  of  the 
Act  were  excellent.  Judges  have  complained  of  the 
drafting.  Workmen  have  complained  of  its  administra- 
tion. All  will  admit  that  litigation  has  flourished. 
Workmen  also  complain  that  its  operation  is  limited  to 
certain  trades. 

18.  Defects  in  the  Act>  and  Litigation. — The  drafting 
of  the  Bill  was  criticised  on  its  first  introduction.  The 
Bar  Council  protested  against  the  system  of  incorporation 
by  reference  with  which  the  original  Bill,  and  now  the 
Act,  abounds.  This  system  complicates  a  statute,  and 
often  renders  it  difficult  of  interpretation,  and  therefore 
of  administration.1  A  Joint  Parliamentary  Committee 
was  appointed  to  consider  "  incorporation  by  reference," 
but  it  appears  not  to  have  met,  or  if  it  has  no  report  is 
available,  so  far  as  I  know,  on  the  subject.  Whatever  the 
drafting  defects  of  the  Act  may  be,  the  judges  have 
accentuated  them  by  hypercritical  distinctions  and  fanciful 
interpretations.  One  does  not  know  what  a  "  place  is  ; 
another  does  not  know  what  a  "  scaffold "  is  ;  another 
does  not  know  where  to  begin  to  measure  a  height  of 
"  30  feet."  As  well  discuss  what  a  "  noun  "  is  in  English 
grammar,  or  a  u  verb,"  or  "  preposition."  The  expres- 
sion "  on,  in,  or  about "  has  been  a  stumblingblock.  If  a 
workman  be  engaged  on  the  side  of  a  vessel  in  mid-stream, 
and  has  to  do  his  work  from  a  barge  alongside,  he  is  not 
"  on  "  or  "  in  "  the  vessel,  but  surely  he  is  "  about "  it,  if 
at  work  on  the  vessel  from  a  hired  barge.  Employers 
and  workmen  in  some  large  industries,  like  the  cotton  and 
coal  trades,  are  dispensing  with  legal  puerilities,  quibbles, 
and  "  doctrines "  of  the  courts,  and  are  arranging  com- 
pensation on  common-sense  lines  to  the  advantage  of  all 
concerned. 

1  See  J.  M.  Lely,  "Statutes,"  1897,  p.  xiv. 


CHAPTER   XXXIX 

ARBITRATION   AND    CONCILIATION    IN     LABOUR   DISPUTES 

A  TTEMPTS  to  deal  with  labour  disputes  and  settle 
J~\.  them  by  means  of  arbitration  or  conciliation  is  an 
evidence  of  advancing  civilisation.  The  evolution  of  in- 
dustry required  it — necessitated  it.  But  the  principle  is 
old  enough.  In  a  rude  kind  of  way  the  old  guilds  so 
adjusted  their  differences.  They  decayed,  however,  and 
were  dissolved  in  the  reign  of  Edward  VI.,  as  monasteries 
and  other  religious  houses  had  been  in  the  reign  of 
Henry  VIII.,  "Defender  of  the  Faith."  In  primitive 
times,  when  industry  was  carried  on  by  master  and 
apprentice,  master  and  servant,  or  master  and  a  journey- 
man, there  was,  perhaps,  little  need  of  such  a  system. 
Indeed  for  many  centuries  the  State  had  relieved  all 
parties  of  the  responsibility  by  fixing  rates  of  wages,  hours 
of  labour,  and  other  conditions  of  employment.  To  save 
further  trouble  justices  of  the  peace  were  appointed  to 
adjudicate  in  case  of  dispute,  and  enforce  the  decrees 
elaborately  set  forth  in  numerous  statutes ;  where  the 
latter  failed  they  were  empowered  to  decide  the  most 
intricate  points  according  to  their  own  inner  consciousness. 
We  are  not  in  possession  of  any  elaborate  reports  of  their 
decisions,  but  doubtless  they  were  characterised  by  that 
distinguished  wisdom  which  peculiarly  belonged  to  the 
"  Great  Unpaid "  at  the  various  periods. 

i.   Origin   of  Arbitration    by    Reference   of  Court. — It 
would  appear  that  the  idea  of  referring  matters  in  dispute 

29  433 


434  LABOUR   LEGISLATION 

to  arbitration  arose  out  of  difficulties  connected  with 
trading  and  commercial  cases,  in  instances  where  the 
judges  felt  that  they  required  the  services  of  experts  to 
guide  them.  The  object  is  pretty  clearly  set  forth  in  the 
preamble  and  sections  of  i  Jas.  L,  c.  10,  passed  in  1603, 
relating  to  Inns  of  Court,  entitled  "  An  Act  for  the 
better  execution  of  justice,"  wherein  the  fees  are  fixed  at 
rates  that  are  not  exorbitant.  The  intention  of  such 
references  is  still  more  evident  from  the  amending  Act, 
9  Will.  III.,  c.  15,  "An  Act  for  determining  differences 
by  arbitration."  In  such  arbitrations  the  questions,  or 
matters  at  issue,  were  not  supremely  difficult.  They 
might  be  somewhat  complicated  at  times,  but  they  were 
limited  to  matters  of  fact.  The  difference  arose  mainly 
out  of  questions  of  bargaining  or  contract,  expressed  or 
implied,  and  the  fulfilment  of  such  contract.  The  issues  had 
reference  to  the  past  and  to  damages  at  date  sustained,  or 
to  recompense  for  non-fulfilment — the  court  having  power 
to  order  fulfilment,  or  impose  penalties  in  lieu  thereof. 
Beyond  this  the  future  was  not  involved.  In  this  respect 
trading  and  commercial  disputes  differ  entirely  from 
labour  disputes,  awards  as  to  which  deal  only  with  the 
future.  In  the  first  case  there  is  a  present  remedy  for 
default ;  in  the  second  there  is  no  default,  but  a  future 
bargain  from  date. 

2.  Arbitration  by  ^Justices  of  the  Peace. — "  Arbitration  " 
in  labour  disputes  was  first  instituted  by  statutory  enact- 
ment in  1701  by  i  Anne,  St.  II.,  c.  22.  That  Act 
provided  for  reference  being  made  in  certain  cases  per- 
taining to  u  woollen,  linen,  fustian,  cotton,  and  iron 
manufacture "  ;  to  (§  3)  arbitration  before  two  justices 
to  "  prevent  the  oppression  of  the  workpeople  and  ensure 
payment  of  wages  in  the  current  coin  of  the  realm." 
The  Act  was  for  ten  years  only.  In  1710  it  was  revived 
and  made  perpetual  by  9  Anne,  c.  30.  It  was  extended 
to  Ireland  in  1716-17  by  3  Geo.  II.,  and  to  Scotland  in 
1739-40  by  13  Geo.  II.,  c.  8.  In  1749  the  provisions  of 
those  Acts  were  extended  to  various  other  trades,  including 
the  leather,  fur,  hemp,  flax,  mohair,  and  silk  industries, 


ARBITRATION    IN    LABOUR   DISPUTES          435 

and,  as  regards  payment  of  wages,  to  dyers,  hot-pressers, 
and  those  engaged  in  other  processes.  Two  objects  were 
aimed  at — the  payment  of  rightful  wages,  and  payment  in 
the  current  coin  of  the  realm. 

3.  The  Spitalfields  Acts. — In  1773  was  passed  1 3  Geo.  III., 
c.  68,  "An  Act  to  empower  the  magistrates  of  London, 
Westminster,  and  Middlesex  to  settle  and  regulate  the 
wages  of  persons  employed  in  the  silk  manufacture  within 
the  said  jurisdiction."     This  was  the  first  of  the  Spital- 
fields   Acts.      In     1792    it    was    extended    to    materials 
mixed   with    silk   by    32  Geo.    III.,  c.  44,  amended    in 
1811  by  51  Geo.  III.,  c.  7,  the  provisions  in  two  previous 
Acts  being  extended  to  women.     Those  were  designated 
the  Spitalfields  Acts. 

4.  Further  Enactments. — In  1777  two  Acts  were  passed  ; 
17  Geo.  III.,  c.  55  extended  the  provisions  of  the  Acts  of 
Anne  and  Geo.  II.  to  the  hat-  and  cap-making  industries, 
while  c.  56  provided  that  in  certain  cases  there  should  be 
no  conviction  except    before  two  justices  of  the  peace. 
This    plainly   indicates    that   one    only    had    sometimes, 
perhaps  often,  adjudicated,  and  further  that  injustice  had 
in  consequence  been  inflicted.     The  provisions  relating  to 
Ireland    were    amended   in    1795    by"    36    Geo.    III.,    in 
1800  by  40  Geo.  III.,  and  in   1810  by  50  Geo.  III. — all 
Irish  Acts  specifically. 

5.  Acts  Relating  to  Arbitration   and   Combinations. — In 
1800  was  passed  39  &  40  Geo.  III.,  c.  90,  "An  Act  for 
settling    disputes    that    may    arise    between    masters    and 
workmen  engaged  in  the  cotton  manufactures  of  England." 
In  the  same  year  the  Act  of  the  previous  year  relating  to 
combinations  of  workmen  was  repealed,  and  a  new  and 
more  stringent  Act  was  passed  in  lieu  thereof.     Inciden- 
tally both  of  the  two  last-mentioned  Acts  related  to  labour 
disputes  and  modes  of  settlement.     The  Arbitration  Act, 
1800  (39  &  40  Geo.  III.,  c.  90)  was  amended  in  1802-3 
by  43  Geo.  III.,  c.  151 ;  again  in  1803-4  by  44  Geo.  III., 
c.  87  ;  in  1810,  as  to  Ireland,  by  50  Geo.  III.,  c.  27  ;  in 
1812-13  by  53  Geo.  III.,  c.  75  (also  as  to  Ireland);  in 
1815,  as  to  Stamp  Duties  on  Awards,  by  55  Geo.  III., 


436  LABOUR   LEGISLATION 

c.  184.  In  the  year  1824  the  Spitalfields  Acts  were 
repealed  by  5  Geo.  IV.,  c.  66,  and  also  all  the  old 
unrepealed  enactments  by  5  Geo.  IV.,  c.  96,  a  new 
consolidated  Act  being  substituted  for  the  repealed 
Acts. 

6.  Nature  of  Labour  Disputes    dealt   with    under  Old 
Acts. — In  all  essential  respects  the  questions  adjudicated 
upon  by  justices  of  the  peace  relating  to  labour  disputes 
were  similar  to  those  pertaining  to  trading  and  commercial 
disputes,  though  the  conditions  of  reference,  pleading,  and 
adjudication    were    decidedly  different.     In    the    case    of 
labour  the  dispute  to  be  dealt  with  had  reference  to  work 
actually  done,  and  as  to  wages  due  therefor ;  or  to  lengths 
of  work,  in  the  case  of  silk,  cotton,  woollen,  or  other 
textiles ;  or  to  deductions  for  alleged  bad  work.    Various 
other  matters  would  often  arise  as  to  time  of  finish  of 
work,  delivery,  and  as  to  frame  rents  and  other  charges. 
But  all  these  questions  related  to  work  done,  not  done, 
damaged,  not    delivered,   and   otherwise,  at    the  date  of 
complaint    and    arbitration.       Future   rates    of    wages — 
amounts  to  be  paid — had  no   lot  or    part  in    legislation 
except  possibly  as  to  finishing  a  certain  article  in  hand. 
It  was  not  arbitration  on  labour  questions,  as  we   now 
understand  the    subject,  but  adjudication   upon  disputed 
points  there  and  then  at  issue.     How,  indeed,  could  it 
be    otherwise?      Wages   were    arbitrarily    fixed    in    very 
many  industries.     Workmen  had  no  power  to  combine. 
"  Courts    of   justice "    for   workmen    meant    appearance 
before  a  justice  of  the  peace,  or  of  two  in  certain  cases, 
there  to  be  adjudged  on  the  evidence  of  the  employer, 
who  was  backed  up  by  a  pile  of  statutory  enactments— 
alas  !  and,  as  a  rule,  with  the  justices  of  the  peace  against 
them. 

7.  The  Consolidation  Act,  1824. — By  a  singular  coinci- 
dence  the  5  Geo.  IV.,  c.   96   is    bracketed,  as    it  were, 
between  c.  95,  "  Combinations  of  Workmen,"  and  c.  97, 
relating  to  "  Artificers  going  Abroad."     The  full  title  of 
the  Act  (c.  96)  is  "An  Act  to  Consolidate  and  Amend 
the  Laws  relating  to  the  Arbitration  of  Disputes  between 


ARBITRATION    IN   LABOUR   DISPUTES          437 

Masters  and  Workmen."  The  law  is  made  general, 
instead  of  being  specific  to  particular  trades,  as  enume- 
rated in  previous  Acts.  This  continued  to  be  the  principal 
Act  in  force  down  to  1896,  when  it  was  repealed.  It 
governed  all  subsequent  enactments  dealing  with  the  same 
subject.  Certain  sections  relating  to  procedure  before 
justices  of  the  peace  were  amended  in  1833,  and  the  Act 
was  further  amended  in  1837  by  the  7  Will.  IV.  and 
i  Viet.,  c.  67,  which  was  also  in  force  down  to  1896, 
even  if  now  repealed. 

8.  Further   Enactments. — Arbitration   was    applied    to 
disputes  by  bargemen  and  others  working  on  "  or  about  " 
the  River  Thames  in   1839  by  2  &  3  Viet.,  c.   71,  §  37. 
The  Act  of  5  Geo.  IV.,  c.  96  was  further  amended  in 
1845  by  8  &  9  Viet.,  c.  77,  as  regards  hosiers,  when  the 
important  principle  of  Tickets  of  Work  was  introduced, 
and  as  regards  silk  weavers  by  c.  128  in  the  same  session. 
In  1854  the  Common  Law  Procedure  Act,  17  &  18  Viet., 
c.  125,  amended  the  law  as  regards  awards  in  arbitration 
cases,  but  that  Act    had  reference    to    legal  arbitrations 
generally — references  by  the  court.     The  only  advantage 
of   the   enactments   in   this    connection  was   that    work- 
men   could    be    heard    in    their   own    behalf   before    the 
justices. 

9.  The  Conciliation    Act,   1867. — The    Act  of   1824, 
with  all  its  good  intentions,  failed.     It  was  never  opera- 
tive.    The    reason   is  to    be    found  in  §  2,  thus  :   "  But 
nothing  in  this  Act  contained  shall  authorise  any  justice 
or  justices  to  establish  a  rate  of  wages,  or  price  of  labour 
or  workmanship,  at  which  the  workmen  shall  in  future 
be  paid,  unless  with  the  mutual  consent  of  both  master 
and  workmen."     This  principle  was  endorsed  in  the  Act 
of  1867 — the  principal  Act  being  still  in  force,  unrepealed. 
Lord  St.  Leonard's  Act  provided  for  the  establishment  of 
permanent  tribunals  in  all  centres  of  industry,  elected  by 
popular  suffrage,  with  the  view  of  averting  strikes  and 
settling  labour  disputes  by  conciliation.     George  Odger 
and  I  waited  by  appointment  upon  his  lordship  at  Boyle 
Farm,  Thames  Ditton,  to  discuss  the  provisions  of  the  Bill. 


438  LABOUR   LEGISLATION 

His  lordship  ordered  an  excellent  luncheon,  affably  showed 
us  his  pictures  and  library,  especially  the  books  he  had 
himself  written  or  edited,  and  otherwise  entertained  us. 
Knowing  us  both  to  be  Radicals,  I  being  then  secretary 
of  the  Reform  League,  the  noble  lord  excused  the  adoption 
of  a  popular  suffrage  in  his  Bill,  saying,  "  I  tried  to  avoid 
it,  but  could  not — was  obliged  to  fall  back  upon  universal 
suffrage."  The  Act  was  never  operative.  It  had  in  it 
the  seeds  of  its  own  dissolution,  as  had  the  Act  of  1824  ; 
both  died  from  the  same  cause — the  prohibition  to  fix  a 
future  rate  of  wages. 

10.  'The  Arbitration  Act^   1872. — If  ever  an  Act  was 
designed  to  confer  a  benefit,  it  was  the  Arbitration  Act, 
1872.     Drafted  by  Mr.  R.  S.  Wright,  at  the  instance  of 
the  Parliamentary  Committee  for  the  Trades  Congress,  it 
had  the  support  generally  of  the  workers.     But  the  Act 
of  1824  still  dominated  the  situation.     The  idea  of  fixing 
the  rate  of  wages  "  at  which  workmen  shall  in  future  be 
paid "  was  regarded   as  a  violation   of  the   principles  of 
political  economy.     Nevertheless,  provision  was  made  for 
"the  mutual  consent  of  both  master  and  workmen,"  and 
forms  of  agreement  were  drawn  up  and  published  as  an 
appendix  to  the  Act,  the  whole  being  widely  circulated. 
That  Act,  however,  like  its  predecessors,  remained  inope- 
rative, and  was  repealed  with  the  others  in  1896.     Thus 
far  all  legislation  had  failed. 

1 1 .  Compulsory    Arbitration    by    Legal    Enactment. — In 
recent  years  there  has  been  a  tendency  to  demand  com- 
pulsory arbitration,  some  of  the  new  labour  leaders  being 
its  advocates.     It  has  been  .tried  in  New  Zealand,  where, 
it  is  alleged,  it  has  signally  failed.     This  seems  to  have 
been  admitted  by  the  author  of  the  measure.     As  well 
make   litigation   compulsory.      In  all  trading    and  com- 
mercial disputes,  before   arbitration   can   be  resorted   to, 
the    parties    must    enter    an    action    at    law.       This    is 
voluntary.     Then,  and    then   only,  can  the   court    refer 
the    matter   to   arbitration.       It   would   be   monstrous   to 
empower  either  side  to  compel  the  other  to  arbitrate,  or 
any  outside  authority  to  take  cognisance  of  a  dispute  and 


ARBITRATION    IN    LABOUR   DISPUTES          439 

refer  it,  without  consent  of  either  party.  A  cablegram 
from  Sydney,  dated  December  7,  1901,  and  published  in 
London  on  the  9th,  would  seem  to  indicate  that  the  above 
requires  to  be  somewhat  modified.  It  is  stated  that  the 
Legislature  of  New  South  Wales  passed  an  Industrial 
Arbitration  Bill,  on  the  lines  of  that  in  force  in  New 
Zealand,  on  December  6th,  and  that  it  would  receive  the 
Royal  Assent  on  the  day  following.  By  that  measure  all 
questions  affecting  labour  are  to  be  submitted  to  and  be 
adjudicated  upon  by  the  court  created  by  the  Act.  It 
has  power  to  adjust  wages,  hours  of  labour,  conditions  of 
employment,  and  fix  a  minimum  wage.  Any  strike  or 
lock-out  hefo£e  a  reference  to  the  court  is  punishable  as  a 
misdemeanour  by  fine  or  imprisonment.  Such  compulsory 
powers  are  so  drastic  that  time  alone  can  determine  as  to 
the  efficiency  of  the  measure  for  the  purposes  designed,  or 
as  to  its  success  as  a  labour  law.  My  knowledge  of 
industrial  history  leads  me  to  doubt  its  wisdom  or  its 
policy.  But  the  fact  that  New  South  Wales  has  adopted, 
in  its  essence,  the  Act  of  New  Zealand,  shows  that  the 
latter  Act  is  not  there  regarded  as  a  failure.  That  much 
requires  to  be  said  in  modification  of  the  views  above 
expressed,  written  long  before  the  cablegram,  as  above, 
was  published  in  this  country. 

12.  Voluntary  Conciliation  and  Arbitration. — Although 
no  kind  of  progress  was  ever  made  in  settling  labour  disputes 
in  this  country  by  or  under  the  provisions  of  statutory  enact- 
ment, much  has  been  done  during  the  last  three-and-thirty 
years  by  voluntary  effort.  Forty  years  ago  it  was  very 
difficult  to  induce  employers '  to  meet  the  officials  or 
delegates  of  trade  unions  to  discuss  matters.  The  latter 
received  scant  courtesy  when  they  were  admitted  into  the 
employer's  presence.  No  wonder.  Had  there  not  been 
five  centuries  of  legislation  in  which  employers  were  always 
designated  master  s^  and  employed  servants  ?  The  relation- 
ship implied  mastership  on  the  one  hand,  obedience  on  the 
other.  The  Church,  not  to  be  behind  the  State,  preached 
obedience — "  Servants,  obey  your  masters."  The  situation 
became  so  accentuated  that  unquestioned  obedience  was 


440  LABOUR   LEGISLATION 

exacted,  and  given  in  most  cases,  however  reluctantly. 
Now,  obedience  to  orders  is  one  thing  ;  acceptance  without 
question  of  pay  and  conditions  is  quite  another.  The 
State  considerately  helped  the  masters  by  fixing  rates  of 
wages,  hours  of  labour,  &c.,  and  the  strong  arm  of  the 
law  was  ever  ready  to  exact  obedience,  or,  in  default,  to 
punish  the  disobedient.  How,  under  such  circumstances, 
could  there  be  arbitration  in  labour  disputes  ?  The 
parties  were  unequally  yoked.  The  locus  standi  was 
different. 

13.  Conditions  Essential  to  Arbitration. — The  one  essen- 
tial condition  to  a  system  of  arbitration  is  the  recognition 
of  equality  of  rights  as  between  the  parties.     They  must 
stand  before  the  tribunal  on  an  equal  footing.     In  former 
days,  down  even  to  the  seventies,  workmen  were  for  ever 
being  preached  at  about  their  duties  ;  they  were  always 
being  reminded  about  the  masters'  rights.     In  the  pulpit, 
in   the    senate,    in    the    press — everywhere   we    heard    of 
masters'   rights   and   workmen's  duties.     In   a  speech  in 
St.   Martin's   Hall,  more  than  forty  years  ago,  I  replied 
thus  :  "  Labour  has  its  rights  as  well  as  its  duties ;  capital 
has   its  duties   as  well   as   its  rights."     The   public,  and 
especially  employers,  were  slow  to  recognise  this  elemen- 
tary fact,  but  to-day  it  is  generally  recognised  as  a  basis 
of  relationship  between  the  hirer  and  the  hired.     In  this 
connection  bargaining  is,  for  all  practical  purposes,  like 
buying  and  selling  commodities.     The  employer  is  the 
buyer,  the  workman  the  seller,  of  labour.     This  is  the 
relative  position  in   arbitration  and  conciliation.     Other 
and  higher  conditions  may  here  be  set  aside  as  not  needful 
to   be   considered   at  this  particular   moment ;    but  they 
exist,    and    cannot    be    ignored    in    the    solution    of  the 
labour  problem.     For  the  man  cannot  be  divorced  from 
his  labour.     The  seller  of  goods  can  be  from  the  com- 
modities in  which  he  deals. 

14.  Modes   of  Settling    Labour  Disputes. — Among  the 
pioneer  advocates  of  arbitration   and  conciliation  labour 
leaders  take  the  first  place.     In  the  thirties,  forties,  and 
fifties  peaceful  methods  were  advocated  by  them.     In  the 


ARBITRATION    IN    LABOUR   DISPUTES          441 

sixties  Lord  St.  Leonard's  Act  was  carried  by  their  efforts. 
In  1868,  and  at  all  subsequent  Trades  Union  Congresses, 
special  attention  was  given  to  the  subject.  At  the  Bir- 
mingham Congress,  in  1869,  arbitration  was  discussed  at 
length,  and  heartily  approved.  Outside  the  ranks  of 
labour,  Mr.  Mackinnon,  M.P.,  in  the  first  half  of  the 
nineteenth  century,  and  Mr.  A.  J.  Mundella,  M.P.,  and 
Sir  Rupert  Kettle  in  the  sixties  and  seventies  represented 
what  little  public  opinion  there  was  among  the  employing 
class.  They  were  few  in  number,  but  they  were  earnest, 
honest,  and  discreet. 

15.  Sliding  Scales. — Those  only  who  can  remember  the 
frequent  strikes  and  rioting  in  the  "  iron  districts  "  can 
realise  the  enormous  change  that  has  taken  place  under 
the  reign   of  the  "  North  of  England  Conciliation  and 
Arbitration  Board "  in    the  iron    and    steel    trades,    the 
"  Midland  Wages  Board,"  and  other  Boards  which  have 
come  into  existence  since  the  first  was  organised.     Mr. 
John  Kane  represented  the  workmen  in  the  preparation  of 
a  scheme  whereby  wages  should  be  in  some  way  regulated 
without  resorting  to   strikes.     The  first  conference  was 
held  on  March    i,    1869,   and   a  permanent  Board  was 
established  ere  the  month  was  out,  which  has  continued 
to  exist  to   the  present  time.      The   Pease  family,   Mr. 
Whittwell,  and  Dr.  Spence  Watson  are  honoured  names 
in  this  connection  ;    and  the  name  of  the  late   Edward 
Trow  must  be  added.      The  men's  representatives  had 
first  of  all  visited  Nottingham,  to  obtain  information  as 
to  the  working   of  the  Board  established  in  the  hosiery 
trades  by  Mr.   A.   J.  Mundella.     The  result  impressed 
them  and  helped  them  in  their  first  endeavours. 

1 6.  The  " sliding  scale"  may  not  be  an  ideal  arrange- 
ment.    It  has  no  pretentions  to  mathematical  exactitude. 
It  has  one  great  defect — the  workmen  have  no  voice  in 
fixing  or  altering  the  selling  price  of  iron  and  steel,  the 
net  average  rates  of  which  constitutes  the  basis  of  wages, 
regulating  advances  or  reductions  as  the  case  may  be.    The 
prices  are  ascertained  every  two  months,  and  the  rates  of 
wages  are  then  determined  on  the  basis  of  the  net  average 


442  LABOUR   LEGISLATION 

price  for  the  ensuing  two  months.  Wages  follow  prices 
in  all  cases  up  and  down.  Whatever  defects  the  system 
might  have,  it  has  worked  well.  Actual  arbitrations  have 
been  few  ;  the  automatic  regulation  is  almost  uniformly 
accepted.  During  the  last  thirty  years  there  have  been 
enormous  changes  in  the  processes  of  manufacture  and 
methods  of  production,  but  the  Boards  have  been  able  to 
adapt  themselves  to  all  such  changes,  and  to-day  they  are 
more  influential  and  powerful  than  ever. 

17.  Sliding  Scale  in  the  Coal  Trade. — The  sliding  scale 
system  has  been  adopted  in  the  coal  industry,  notably  in 
South  Wales  and  Monmouthshire  and  in  South  Stafford- 
shire.    But  it  has  not  worked  so  smoothly  as  in  the  iron 
and  steel  trades.     In  Wales  it  is  proposed  to  abolish  it, 
but  the  notices  are  unexpired.     The  difficulty  that   has 
arisen  seems  to  be  that  the  miners  have  no  voice  in  settling 
the  price  of  coal,  that  being  the  basis  of  the  scale.     The 
National  Federation  of  Miners  is  averse  to  the  scale.     It 
proposes  in  lieu  thereof  a  minimum  rate,  and  then  adjust- 
ments according  to  the  state  of  trade.    In  the  coal  industry, 
however,  there  is  this  peculiarity  :    a  basis  rate  is  taken, 
some  year  being  selected  for  the  purpose.     The  rates  of 
wages  may  go  very  far  above  that  level  or  below  it,  being 
reckoned  at  so  much  per  cent,  above  or  below  the  basis 
rate.     In   a  modified  form    some    other    industries  have 
adopted   a  sliding   scale    adapted    to   their    needs.      The 
cotton  industries  of  Lancashire  have  under  consideration 
a  plan,  somewhat  similar  in  kind,  but  up  to  now  the  basis 
has  not  been   agreed   upon.      It  would   appear  that  the 
price  of  raw  cotton  has  been  proposed  as  a  basis,  not  the 
selling  price  of  the  goods,  as  in  the  iron,  steel,  and  coal 
industries.     The  system  is  not  adapted  to  all  trades.     In 
the  building  trades  it  could  not  apply.     It  is  equally  un- 
suitable to  various  other  occupations. 

1 8.  Joint  Committees. — Committees  consisting  of  an  equal 
number  of  employers  or  employers'  representatives,  and  of 
representatives  of  trade  unions  in  the  industries  concerned, 
have  been  constituted  in  a  number  of  important  trades  or 
groups  of  trades.     Some  are  called  Conciliation  Boards, 


ARBITRATION   IN   LABOUR  DISPUTES          443 

some  not.  Among  the  more  important  are  (i)  the  Joint 
Committee  in  the  cotton  industries  ;  (2)  that  called  into 
existence  in  the  engineering  trades  ;  (3)  that  called  a 
Conciliation  Board,  in  connection  with  the  coal  industry, 
represented  by  the  Miners*  National  Federation — also 
Boards  in  Durham  and  Northumberland  ;  and  (4)  the 
Conciliation  Board  in  the  boot  and  shoe  trades.  In 
the  building  trades  such  committees  have  done  excellent 
work.  All  such  committees  or  boards  deal  with  the 
questions  that  arise  on  their  merits  according  to  cir- 
cumstances, the  state  of  the  labour  market  or  the  outlook, 
&c.,  as  the  case  may  be.  On  the  whole,  it  may  be  said 
that  they  work  fairly  satisfactorily.  Strikes  are  averted, 
confidence  is  restored,  concessions  are  made,  industrial 
peace  is  secured.  Each  side  gets  to  know  each  other's 
difficulties.  The  instances  in  which  the  parties  fail  to 
agree  are  few  and  unimportant  as  compared  with  those 
in  which  disputes  are  arranged.  Those  who  meet  to 
discuss  are  experts  in  the  matters  at  issue.  There  is  no 
outside  interference,  influence,  or  pressure ;  and,  as  a 
general  rule,  those  who  come  into  contact  honour  and  re- 
spect each  other  as  a  result  of  such  contact. 

19.  General  Conciliation  Boards. — The  London  Chamber 
of   Commerce    deserves    great    credit    for    its    action    in 
calling    into    existence   the   Conciliation    Board — a   body 
which  has  done  good  service,  by  effecting  settlements  in 
labour  disputes.     In  some  other  industrial  centres  similar 
efforts  have   been   made  not  altogether  without  success. 
It  is   often  fortunate  to  have   a  body  of  men  ready  at 
hand,  as  it  were,  who  are  willing  and  able  to  offer  their 
services    in    case    of  need,    especially   if   such    men,    by 
position,  standing,  knowledge,  and  experience,  can  com- 
mand   respect    and    inspire    confidence — men    who  have 
no  personal  interest  in  the  dispute,  but  whose  desire  is 
industrial  peace,  justice,  and  fair  play.     All  such  boards 
tend    to    encourage    peaceful    settlements    by    promoting 
negotiations   between   the  parties — a  valuable  service    in 
any  emergency. 

20.  Temporary    Boards,    or     Committees.  —  Oftentimes 


444  LABOUR   LEGISLATION 

when  a  dispute  arises,  some  local  gentlemen,  often  with 
the  mayor,  or  a  minister  in  the  place,  offer  their  services 
as  mediators.  They  may  not  succeed,  but  they  frequently 
pave  the  way  to  negotiations.  Hitherto  all  such  "  out- 
side interference "  has  been  more  or  less  resented. 
Employers  like  it  least  of  all.  There  may  be  excellent 
reasons  for  this  of  a  purely  local  character.  Above  all 
the  best  form  of  negotiation  is,  whether  by  conciliation  or 
arbitration,  by  mutual  contact  and  personal  consideration 
of  the  points  at  issue. 

21.  The  Conciliation  Act^   1896. — This  Act,  59  &  60 
Viet.,  c.  30,  is  not  of  the  "  heroic  "  order.     It  proposes 
no  ideal  scheme.     It  repeals  all  former  Acts,  and  with 
them  the  absurd  limitation  not  to  u  fix  a  future  rate  of 
wages."     It  provides  for  the  registration  of  Boards  of 
Conciliation    at    date    of    Act,    and    those    subsequently 
established  ;    gives    power    to    the    Board    of   Trade   to 
inquire    into    causes    of  dispute,  to  take   steps  to   bring 
the  parties  together,  to  appoint  conciliator  on  application 
of  either  party,  and,  on  the  application  of  both  parties, 
appoint    an    arbitrator.     In   either    case    a    copy    of  the 
memorandum  of  agreement,  signed  by  the  parties,  is  to 
be  deposited  with  the  Board  of  Trade.     Power  is  given 
to  the   Board  to  aid  in  establishing  conciliation  boards, 
and  to  locally  inquire  into  the  conditions  of  the  district 
or  trade,  and  confer  with  employers  and  employed,  local 
authority  or  body,  as  to  the  expediency  of  establishing  a 
conciliation    board.      The    power    of  appointing    a    con- 
ciliator on  the  application  of  either  party  is  one  which 
the  Board  of  Trade  rightfully  hesitate  to  use.     In  the 
modesty  of  its  provisions  lies  the  strength  of  the  Act.     A 
more  ambitious  measure  would   have  shared  the  fate  of 
its  predecessors.     It  has  wisely  excluded  the  Arbitration 
Act,  1889,  from  its  provisions.     The  Act  has  given  an 
impetus    to    conciliation    by    mere    recognition.     It    has 
legalised  all  voluntary  efforts  in  this  direction. 

22.  Operation  of   Conciliation  Act. — To   say  that  the 
Conciliation  Act  has  been  a  great  success  would  perhaps 
be  saying  too  much,  at  least  it  would  inadequately  repre- 


ARBITRATION    IN   LABOUR   DISPUTES          445 

sent  the  case.  Its  success  has  been  mainly  due  to  the 
cautious  and  careful  way  in  which  it  has  been  administered 
by  the  Board  of  Trade.  In  any  other  hands  than  the  late 
Sir  Courtenay  Boyle  it  might  have  spelt  failure.  He 
was  a  man  of  tact  and  judgment,  he  was  cautious  and 
prudent,  above  all  he  was  sympathetic.  He  never  sought 
to  magnify  the  powers  conferred  by  the  Act,  nor  did  he 
seek  to  make  an  extreme  use  of  any  of  its  provisions. 
His  greatest  triumph  was  the  settlement  of  the  dispute 
in  the  boot  and  shoe  trades,  and  the  establishment  of  a 
Board  of  Conciliation  with  Lord  James  of  Hereford  as 
arbitrator.  The  "  statement "  in  that  branch  of  industry 
covers,  I  am  told,  over  one  hundred  items  of  processes 
and  extras,  many  of  so  technical  a  character  that  only  an 
expert  could  rightfully  understand  the  claims  and  counter- 
claims. His  chief  failure  was  in  the  Penrhyn  dispute, 
but  for  that  he  was  not  responsible.  In  divers  ways  and 
in  numerous  instances  the  Act  has  been  instrumental  in 
averting  strikes  and  in  settling  disputes  when  they  had 
arisen.  Its  influence  and  power  for  good  are  cumulative  ; 
its  full  fruition  is  for  the  future. 

23.  Public  Opinion  and  Conciliation. — There  has  been 
a  wonderful  change  in  public  opinion  respecting  labour 
disputes  and  modes  of  settlement  during  the  last  thirty 
years.  We  have  probably  outstripped  in  the  race  the 
"  Conseils  des  prud'hommes "  in  France  and  Belgium, 
armed  as  they  were  with  legal  authority.  The  progress 
has  been  apparently  slow,  but  it  has  been  continuous, 
sure,  and  increases  in  speed  as  time  goes  on.  Employers 
no  longer  look  askance  at  it ;  workmen  favour  it ;  the 
Press  advocates  it.  Here  and  there  aloofness  is  manifest, 
as  in  Lord  Penrhyn's  case  and  by  the  directors  of  the 
Taff  Vale  Railway  Company.  Indeed,  railway  companies 
as  a  rule  will  have  none  of  it.  But  the  North-Eastern 
tried  it,  and,  under  Lord  James  of  Hereford,  it  was  a 
success.  Sometimes  one  or  other  of  the  parties  seek  to 
exclude  certain  questions  from  adjudication  or  even  con- 
sideration. Possibly  there  are  cases  in  which  limitation 
is  justifiable.  But  frankness  is  indispensable.  A  high 


446  LABOUR   LEGISLATION 

sense  of  honour  ought  to  actuate  those  who  refer  matters 
in  dispute  to  conciliation,  or,  failing  settlement,  to 
arbitration.  As  this  feeling  grows  so  will  men  be  more 
and  more  inspired  with  confidence,  and  as  a  result  strikes 
and  lock-outs  will  decrease  until,  let  us  hope,  peaceful 
methods  will  prevail  and  become  general  in  all  the 
industries  of  the  country. 

24.  American  Scheme  of  Conciliation  and  Arbitration. — 
The  most  important  effort  yet  made  to  promote  indus- 
trial peace  was  inaugurated  by  a  Conference  held  in 
New  York  City  on  December  15  and  16,  1901,  the 
proceedings  of  which  are  briefly  reported  in  the  American 
Federationist.1  By  its  resolves  "The  Industrial  Depart- 
ment of  the  National  Civic  Federation  "  was  constituted. 
The  Executive  Committee  consists  of  twelve  large 
employers  of  labour,  twelve  representatives  of  labour 
organisations,  and  thirteen  gentlemen  of  repute  and 
fame  in  public  life,  one  being  ex  officio.  The  object  of 
the  "  Department "  is  "  the  promotion  of  industrial 
peace,"  by  negotiation,  conciliation,  and  arbitration  if 
need  be.  Its  purpose  is  to  avert  strikes  and  lock-outs, 
by  mutual  arrangement  between  the  parties,  or  by 
reference  to  the  Committee,  or  the  Department  as  a 
whole,  if  mutual  negotiation  fails.  Its  methods  are 
conciliation  and  arbitration  when  so  referred.  It  is 
voluntary  in  operation,  no  State  aid  being  invoked. 
The  high  character  of  the  men  associated  with  the 
enterprise,  together  with  the  aims  and  objects  of  the 
Department  so  created,  will  doubtless  command  respect 
and  success. 

1  Sec  American  Feaeratiomst,  January,   1902. 


CHAPTER    XL 

LABOUR    MOVEMENTS,    LEGISLATION,    AND    PROGRESS, 
1890-1901 

DURING  a  period  of  some  fourteen  years  following 
the  enactment  of  the  Labour  Laws  in  1875, 
trade  unions  progressed  and  prospered.  Organisation 
was  improved  and  extended.  Their  numerical  strength 
was  largely  augmented.  Their  resources  increased,  and 
vast  funds  had  accumulated.  They  had  passed  through 
the  terrible  commercial  crisis  from  1876  to  1879,  and 
emerged  therefrom  without  being  bankrupt,  in  spite  of 
the  fact  that  the  drain  on  their  funds  in  1879  was  un- 
paralleled. This  quiet,  peaceful  progress  seems  to  have 
been  misinterpreted  by  some  of  the  younger  and  more 
ardent  members  of  trade  unions  and  the  newer  converts 
to  trade  unionism.  Some  declared  that  the  position  was 
one  of  stagnation,  and  that  a  shaking  of  the  dry  bones 
was  essential.  As  those  sentiments  were  cheered  (and 
some  persons  in  meeting  assembled  will  cheer  almost  any- 
thing) the  speakers  denounced  the  "  old  leaders  "  as  "  old 
fogeys,"  and  urged  that  labour  had  been  on  the  defensive 
long  enough.  It  was  high  time  to  become  aggressive, 
said  they,  and  aggression  was  preached  up  and  down, 
until  a  militant  unionism  was  created,  and  some  unions 
were  formed  exclusively  and  defiantly  on  that  principle. 

i.  The  Dockers'  Strike:  Origin  of  New  Unionism. — As 
the  origin,  progress,  and  programme  of  the  New  Unionists 
have  been  dealt  with  at  some  length  and  fulness  in 

447 


448  LABOUR   LEGISLATION 

"  Trade  Unionism,  New  and  Old,"  I  it  is  unnecessary  to 
go  over  the  same  ground  in  this  volume.  The  "  New 
Unionism  "  was  the  designation  given  to  the  "  forward 
movement "  by  the  "  New  Leaders "  themselves,  to  dis- 
tinguish it  from  the  unionism  represented  by  the  "  old 
fogeys,"  or,  as  they  were  generally  called,  the  "old  gang." 
The  new  departure  originated  with  the  dockers'  strike  in 
August,  1889.  For  many  months  previously  efforts  were 
being  made  to  organise  the  dockers,  for  a  long  time  with 
scant  success.  In  those  preliminary  efforts  the  only  name 
of  prominence  was  that  of  Mr.  Ben  Tillett,  and  he  was 
thwarted  and  denounced  until,  at  his  request,  I  interposed 
and  besought  fair-play  for  him.  When  the  strike  took 
place  helpers  sprung  up  in  all  directions,  and  some  of  the 
new  men  came  to  the  front  as  labour  leaders.  The  New 
Socialism  had  begun  to  permeate  the  East  End  workers, 
more  especially  those  about  the  docks  ;  and  at  the  great 
meeting  held  in  the  Assembly  Room,  Mile  End,  which  I 
attended  and  addressed,  there  were  cheers  for  the  "  Social 
Democratic  Revolution."  The  seed  had  only  recently 
been  sown,  but  men  already  sighed  for  the  harvest. 

2.  Attitude  towards  Non-Unionists. — One  of  the  marked 
features  of  the  New  Unionists  was  their  fierceness  of 
determination  to  compel  all  persons  working  at  a  trade 
or  occupation  to  join  the  union  representing  such  trade. 
This  had  always  been  a  difficulty  with  the  old  leaders. 
They  fought  for  the  right  to  combine,  and  pledged  their 
honour  that  they  did  not  seek  for  enlarged  powers  to 
coerce  and  compel.  This  policy  dominated  trade  unions 
from  1875  to  1889.  There  were  instances  of  disputes  as 
to  the  employment  of  non-union  men,  and  some  few 
strikes  against  them,  but  generally  the  unions  progressed 
in  numbers  and  influence  under  moral  pressure  alone,  by 
organisation  and  propagandism.  This  was  too  slow  for  the 
new  converts  and  their  apostles.  The  dockers  demanded 
that  every  man  should  join  the  union  and  show  his  badge 
or  button  to  the  union  official  when  required.  Several 

1  See  "  Trade  Unionism,  New  and  Old/'  by  George  Howell,  third 
edition,  1900,  Methuen  &  Co.,  2s.  6d. 


LABOUR   MOVEMENTS,    1890-1901  449 

other  new  unions  adopted  the  same  policy — an  aggressive, 
militant  unionism,  which  said,  not  let  them  all  come, 
but  you  must  all  come,  into  the  union.  The  policy  broke 
down ;  the  Dockers'  Union  to-day  is  a  conspicuous  example 
of  its  failure.  Other  unions  have  had  to  modify  its  policy 
in  this  respect.  Unionism  has  never  been  quite  free  from 
the  taint  of  coercion,  but  from  1875  until  the  autumn  of 
1889  it  was  tolerant,  if  not  quiescent. 

3.  Intimidation  and  Assault. — In  no  period  within  my 
experience  was  intimidation  openly  proclaimed  and  con- 
doned as  it  was  in  the  early  days  of  the  New  Unionism. 
In  my  book,  previously  referred  to,  I  quote  instances,  one 
of  which  was  enough  to  shock  any  well-regulated  mind. J 
(i)  Some  excuse  may  be  urged  in  mitigation  of  punish- 
ment when  violence  is  resorted  to  under  the  stress  and 
strain  of  labour  troubles,  and  courts  of  law  often  allow  such 
in  other  cases  when  an  assault  is  unpremeditated  and  is  the 
result  of  sudden  passion  or  alleged  provocation.     But  if 
the  violence  has  been  planned  or  is  the  outcome  of  pre- 
concerted action,  the  offenders,  the  guilty  parties  have  no 
excuse.     Violence,  even  outrage,  was  not  uncommon  in 
the  olden  times  prior  to  the  repeal  of  the  Combination 
Laws.     It  decreased  under  the  improved  legislation  of 
the  last  thirty  years  ;  occasionally  it  found  vent  later,  as 
in   the   cotton  districts,   in    1878,  and   unhappily  it    has 
manifested  a  tendency  to   increase  after   1889.     It  is  a 
policy  fraught  with  evil.     It  revives  all  the  old  prejudices 
against  trade  unions.     It  has  nerved  employers  to  fresh 
resistance.     It  has  led  the  courts  of  law  to  be  more  severe 
in  condemnation  and  punishments.     And  what  is  gained  ? 
No  labour  dispute  was  ever  won  by  violence  ;  many  have 
been  lost  through  resorting  to  it.     The  "  old  gang,"  to 
their  credit,  set  their  faces  against  it  continuously. 

4.  Aggressive  Trade  Unionism. — Aggressiveness  is  the 
distinctive  characteristic  of  trade  unionism.     Without  it 
trade  unions  would    soon    cease  to  exist.     Sometimes  a 
union  will  display  this  motto  on  its  rules,  "  Defence,  not 
defiance."     Employers  also  often  allege  that  the  object  of 

1  See  "Trade  Unionism,  New  and  Old,"  chap.  vii.  p.  160. 

30 


450  LABOUR   LEGISLATION 

their  association  or  federation  is  defensive,  in  no  sense 
aggressive.  This  is  all  moonshine.  When  workmen, 
through  their  union,  demand  higher  wages,  a  reduction  of 
working  hours,  or  better  conditions  of  employment,  the 
action  is  aggressive  ;  when  employers  resist  it  is  defensive. 
When  employers  seek  to  reduce  wages,  extend  the  hours 
of  labour  or  impose  conditions  of  employment  to  which 
the  workpeople  object,  that  is  aggression  ;  resistance  by 
the  workers  is  essentially  defensive.  This  state  of  things 
is  natural  under  the  industrial  system  which  exists,  where 
there  are  employers  and  employed.  The  antagonisms 
might  be  softened,  strikes  and  lock-outs  might  be  averted 
by  mutual  negociation  or  conciliation,  or  be  settled  by 
arbitration.  But  the  fact  remains  that  aggressive  action 
on  one  side  or  the  other  has  led  to  a  dispute,  be  the  mode 
of  settlement  what  it  may  in  the  end.  All  this  is  known 
and  recognised  as  inevitable  in  the  relationship  between 
capital  and  labour  ;  the  older  and  the  newer  unions  alike 
have  to  deal  with  questions  of  wages,  hours  of  labour, 
conditions  of  employment,  &c.,  from  the  same  stand- 
point. 

5.  "Fighting  Unions"  Alarm  Employers. — What  was  it, 
then,  that  aroused  the  ire  of  employers  ?  The  loudly 
proclaimed  declaration  on  the  part  of  the  New  Unionists 
that  the  unions  should  be  "  fighting  machines."  Some 
of  the  new  labour  leaders  sneered  at  the  provident  benefits 
of  the  "  old  unions  "  ;  they  were  called  "  beastly  rich  " 
because  they  had  large  funds  in  hand  to  provide  for  men 
out  of  work,  for  the  sick,  the  aged,  for  the  burial  of 
members  and  their  wives,  and  other  provident  purposes. 
Other  unions  had  long  existed,  were  then,  and  are  still  in 
existence,  which  only  provided  trade  benefits,  that  is, 
dispute  pay,  with,  in  nearly  all  cases,  funeral  benefit,  but 
none  other.  Those,  however,  did  not  proclaim  them- 
selves "fighting  machines."  They  simply  adopted  that 
form  of  organisation  which  the  members  believed  to  be 
best  adapted  to  their  wants  and  the  conditions  of  their 
own  industry.  When  the  bugle-call  sounded  "  To  arms ! " 
employers  became  alarmed.  "  The  National  Federation 


LABOUR   MOVEMENTS,    1890-1901  451 


of  Employers,"  formed  in  1873,  nad  been  dissolved,  but 
other  federations  were  speedily  organised  when  the  New 
Unionists  proclaimed  an  aggressive  policy,  and  founded 
unions  with  the  avowed  object  of  using  them  only  as 
fighting  machines.  A  quietly  progressive  policy  em- 
ployers know  to  be  inevitable.  They  had  got  to  re- 
cognise its  existence  as  a  factor  in  the  evolution  of 
industry.  But  an  avowed  policy  of  aggression  —  well, 
self-preservation  —  is  the  first  law  of  nature,  and  defensive 
measures  had  to  be  taken. 

6.  1{e  organisation  of  Industry  :  Abolition  of  Capitalists. 
—  The  new  unionism  was  largely  permeated  by  the  new 
socialism.     That  of  Robert  Owen  was  personal  by  mutual 
co-operation  —  communities   working   out  their   redemp- 
tion in  their  own  way,  industrially  and  socially,  with  the 
view  of  developing  in  all  and  each  the  best  and  highest 
qualities.       The    new    socialism    was    impersonal.       The 
individual  went  for  nothing.     The  State  was  to  regulate 
everything.     To  use  the  Socialists'  own  formula,  as  ex- 
pressed in  hundreds  of  resolutions  passed  at  hundreds  of 
meetings,  the  State  was  to  capture  all  "  the  means  of  pro- 
duction, distribution,  and  exchange,"  and  become  the  sole 
owner  of  everything  and  the  sole  employer  of  everybody. 
Capitalists  and    capitalism    were   to    be  abolished.     The 
speeches  of  that  period  abounded  in  wild  talk,  such  as 
"  taking    capital    by  the   throat,"    all  very  silly  —  worse, 
wicked  ;  but  the  audiences  cheered.      One  could  but  say, 
"  They    know    not  what    they  do."     But   the    leaders  ! 
Well,  they  seldom  repeat   such   nonsense    now.      Their 
pet  resolution  no  longer  appears  on  the  Trades  Congress 
programme  or  agenda  ;  we  hear  little  of  it  at  delegate 
meetings  or  at  public  meetings,  except,  it  may  be,  within 
the  "  inner  circle."     Employers,  no  doubt,  resented  the 
language  used  and  scouted  the  proposals.     Trade  unionists 
did  not  seem  to  see  that  they  too    must  go  under  the 
Socialists'  scheme  of  reconstruction.     How  true  is  it,  "  A 
fool's  eyes  are  in  the  ends  of  the  earth  "  !     He  cannot  see 
things   at  his  own  door. 

7.  Universal   Eight   Hours'    Day.  —  The    mass   of  the 


452  LABOUR   LEGISLATION 

workers  care  very  little  about  theories  of  Government,  or 
other  theories,  social  or  industrial.  Tangible  things  they 
understand,  such  as  higher  wages  and  fewer  hours  of 
labour.  The  proposal  for  a  universal  eight  hours'  day 
"  took  on."  Labour  leaders  baited  their  speeches  with  it, 
and  the  masses  in  public  meeting  assembled  gulped  it 
down.  After  being  discussed  during  1890  and  1891,  the 
Trades  Union  Congress  was  "  captured/'  and  also  some 
labour  unions  and  a  few  bond  fide  trade  unions.  Then  a 
Bill  was  drafted  to  ensure  the  adoption  of  an  eight- 
hour  day  in  all  industries,  and  to  enforce  its  provisions. 
It  is  unique,  and  so  short  that  I  quote  it  : — 

"§  I.  On  and  after  the  1st  day  of  January,  1892,  no  person  shall 
work,  or  cause  or  suffer  any  other  person  to  work,  on  sea  or  land,  in 
any  capacity,  under  any  contract,  or  agreement,  or  articles  for  hire  of 
labour,  or  for  personal  service  on  sea  or  land  (except  in  case  of 
accident),  for  more  than  eight  hours  in  any  one  day  of  twenty-four 
hours,  or  for  more  than  forty-eight  hours  in  any  one  week." 

The  penalties  for  breach  of  the  law  were  to  be  inflicted 
solely  upon  the  employer  who  permitted  or  suffered  the 
person  to  work,  and  not  upon  the  person  who  violated 
the  Act  by  working  more  than  the  statutory  eight 
hours. I 

8.  Law  versus  Mutual  Arrangement. — As  a  piece  of 
Parliamentary  drafting  the  Bill  was  a  model.  It  was 
brief,  concise,  drastic,  and  of  universal  application.  There 
was  great  difficulty  in  getting  any  labour  member  to  back 
the  Bill.  The  secretary  of  the  Parliamentary  Committee 
refused  to  take  charge  of  it,  though  the  Trades  Congress 
had  endorsed  its  principles.  "  Mabon  "  introduced  it  at 
last ;  it  was  read  a  first  time,  and  printed.  Of  late  years, 
very  little  has  been  heard  of  the  proposals  it  contained. 
There  was,  however,  on  the  agenda  of  resolutions  for  the 
Trades  Congress  at  Swansea,  September  2—7,  1901,  a 
resolution  by  the  Gasworkers'  Union  for  a  universal 
eight-hours'  day.  This  was  but  a  faint  echo  of  the 

1  See  "Trade  Unionism  New  and  Old,"  chap.  viii.  p.  205. 


LABOUR   MOVEMENTS,    1890-1901  453 

agitation  of  ten  years  previously.  The  miners  con- 
nected with  the  National  Federation  support  the  Miners' 
Eight  Hours'  Bill,  relying  upon  legislation  alone  to  obtain 
and  enforce  the  eight-hours'  system  in  coal-mines.  Up  to 
now  (December,  1901)  the  only  reduction  in  working 
hours  by  legislation  has  been  in  the  case  of  signalmen  on 
railways,  to  ensure  safety  of  travellers  mainly ;  and  a 
reduction  of  one  hour  on  Saturdays  in  the  cotton  trades 
of  Lancashire  by  the  Act  of  1901.  But  by  voluntary 
arrangement  the  hours  have  been  reduced  in  various 
industries  and  trades  within  the  last  ten  years  ;  in  some 
an  eight-hour  day  has  been  adopted,  and  according  to 
all  accounts  the  system  has  worked,  and  is  working,  well 
in  most  instances. 

9.  Labour  Disputes  since  1889. — There  was  a  consider- 
able period  of  unrest  from  the  date  of  the  dockers'  strike, 
in  1889,  and  there  was  a  tendency  to  enlarge  the  area  of 
strikes  by  "striking  in  sympathy."  Gradually,  however, 
the  labour  leaders,  especially  those  who  were  the 
chief  officers  of  trade  unions,  began  to  see  that  "  strikes 
in  sympathy "  were  impolitic  and  dangerous.  Strikes 
among  the  dockers  were  very  numerous,  until  the  Ship- 
ping Federation  organised  a  non-union  corps  to  frustrate 
the  union's  tactics.  In  the  shipping  trade  also  there 
were  many  strikes,  some  stubborn  and  of  long  duration. 
In  the  end,  the  Seamen  and  Firemen's  Union  was  prac- 
tically broken  up,  after  a  stormy  existence  of  some  years. 
The  great  strike  in  the  coal  trade  ended  in  a  Board  of 
Conciliation.  That  in  the  boot  and  shoe  trades  also 
ended  in  the  same  way.  The  great  engineering  strike 
terminated  by  a  conference,  the  outcome  of  which  was  a 
joint  committee  to  consider  and  deal  with  differences 
which  arise.  Latterly,  labour  disputes  have  been  less 
bitter  than  they  were  from  1889  to  1895.  There  seems 
to  be  a  disposition  to  return  to  the  milder  tactics  observ- 
able in  the  preceding  decade.  Coarse,  vulgar  abuse  is 
not  now  often  indulged  in,  as  was  the  case  a  few  years 
ago.  The  New  Unionism  has  been  fused  into  the  old  ; 
all  that  was  best  in  the  latter  has  been  retained,  with  an 


454  LABOUR   LEGISLATION 

infusion   of  new  life,  more   vigour  ;  and  a  bolder  pro- 
gramme has  been  manifest  in  most  of  the  unions. 

10.   Growth  of  Unionism  since   1890. — The  advent  of 
the  New  Unionism    undoubtedly  gave    a    new    impetus 
to  the  organisation  of  labour.     It  was  felt  first  and  fore- 
most  in   the   ranks  of  those   covered   by  the   distasteful 
term — "  unskilled    labour."      The    movement    did    not 
originate  in   1889  or   1890.     The  agricultural  labourers 
were  organised  in  the  early  seventies.     Builders'  labourers 
were  organised  after  a  fashion  before  that  date.     Postmen 
were  being  organised  in   1872,  and  a  paper  thereon  was 
read   by  me   at   the   Leeds   Congress  in   January,    1873. 
For    the    most    part   the    workers   influenced    were    gas- 
workers,  navvies,  and  general   labourers  ;   carmen,   'bus- 
men, and  later,  tramway   men  ;    cabmen  were  in  union 
earlier  ;  later  on,  the  employees  under  various  local  bodies, 
municipal  councils,  county,  district,  and  parish  councils, 
local  boards,  and  the  like  ;   seamen  and  firemen  in  the 
mercantile  marine  ;  dockers,  and  all  engaged  in  riverside 
labour  ;  and  workers  in  a  number  of  miscellaneous  trades 
who  had  neglected  organisation.     There  was  a  shaking 
of  the  dry  bones  of  non-unionism.      The  swelling  tide 
lifted  the  older  unions  to  a  higher  level  in  membership 
than  ever  before.     Enthusiasm  was  evoked,  and  the  timid 
came   into  the   fold — some   for    fear  of  boycott,   others 
merely  by  reason  of  awakened  interest.     Unionism  was 
pushed  to  the  front,  and  new  men,  outside  the  ranks  of 
labour,    espoused    it,    advocated    it,    and    supported    it. 
Sections  of  men  now  belong  to   unions   in   occupations 
where,  formerly,  unionism  was  flouted. 

ii.  Federations  of  Employers  and  Workmen.  —  The 
desire  for  huge  federations  was  reawakened  in  the  early 
nineties.  I  say  u  reawakened "  because  the  idea  was 
an  old  one  among  the  trades.  What  was  called  the 
"Consolidated  Union,"  started  in  1833,  and  which 
flourished  throughout  1834,  was  a  federation  of  various 
unions  for  common  purposes.  The  "  National  Asso- 
ciation," started  in  the  forties,  and  which  had  a  feeble 
existence  down  to  1867,  was  a  federation.  The  "  Asso- 


LABOUR   MOVEMENTS,    1890-1901  455 

elation  of  Organised  Trades/'  started  in  Sheffield  in  the 
sixties,  tried  to  effect  some  such  federation.  There  were 
other  attempts  which  need  not  be  specified.  Among 
the  employers  there  was  the  "  National  Federation  of 
Associated  Employers  of  Labour,"  started  in  1873, 
continued  throughout  1874  and  1875.  There  had 
previously  been  federations  of  employers'  associations  in 
the  building,  engineering,  textile,  coal  and  iron,  and 
other  trades.  Some  of  these  had,  however,  become 
almost  quiescent  during  the  eighties. 

1 2 .  Proposed  Federation  of  Trades. — The  New  Unionists 
became  eager  for  a  gigantic  federation  of  all  trades.     The 
Trades  Congress  had  discussed  the  matter  in  1875  and 
1876,  and  a  plan  of  federation  was  drawn  up,  but  was 
rejected.     The  scheme  was  revised,  and  again  rejected. 
One  outcome  of  it  was  the  federation  of  the  engineering, 
shipbuilding,  and  allied  trades,  but  the  Engineers'  Society 
withdrew  from  it  as  soon  as  the  federation  was  formed 
and  the  rules  were  agreed  upon.     For  a  brief  period  the 
London  building  trades  federated,  temporarily. 

13.  General  Federation  of  Trade   Unions. — After  pro- 
longed    discussions     and    negotiations,     "  The    General 
Federation    of   Trade    Unions"    was   effected    in    1899. 
Its    second    annual    report   brings    its    history    down    to 
June  30,   1901,  when   it   included    72    unions,  with  an 
aggregate  of  409,849  members.      Its  income  amounted 
to  £30,283   1 8s.  6d.  ;  the  expenditure  to  £5,168  73.  8d. 
The    balance    in    hand,    called    a    Reserve    Fund,    was 
£47,007     55.     2d.,    inclusive    of    the    amount    brought 
forward  from  the  previous  year.1     The  Federation  has, 
according  to  its  reports,  endeavoured  to  promote  peace 
rather  than  foment  strikes.     It  appears  that  the  Council 
has  set  its  face  against  "  the  sympathetic  strike  policy," 
and  found  that  it  worked  successfully.     It  is  beset  with  a 
double  difficulty.     If  it  should  too  quickly  endorse  the 
action  of  individual  unions  in  the  matter  of  strikes,  the 

1  On  December  31,  1901,  the  number  of  unions  federated  was  75  ; 
number  of  members  affiliated  420,606;  balance  in  hand  £5  7, 04 3  45.9^., 
of  which  £40,000  had  been  "invested"  in  Corporation  Stock. 


456  LABOUR   LEGISLATION 

funds  will  be  impoverished,  and,  instead  of  a  balance 
in  hand,  there  might  be  a  deficit.  On  the  other  hand, 
if  it  should  show  any  eagerness  to  discourage  strikes, 
or  too  readily  settle  them,  it  will  run  the  risk  of  being 
discredited  by  the  impetuous.  Yet  the  last-named  policy 
is  the  best  and  safest.  It  will,  however,  require  pluck, 
prudence,  and  firmness  on  the  part  of  the  Council.  In 
the  olden  days,  the  secretary  of  a  union  had  often  to  risk 
his  salary  and  position  when  he  set  his  face  against  the 
more  aggressive  members;  but,  in  the  end,  they  respected 
and  trusted  him  all  the  more. 

14.  Federations   of  Employers. — During    the    past    ten 
years  federations  of  employers  have  increased  in  number, 
the   older  ones   have   extended,   and    generally  they   are 
better  organised  than  formerly.      Doubtless  an   impetus 
was  given  in  this  direction  by  the  eagerness  shown  by 
the  New  Unionists,  to  establish  a  general  federation  of 
all  trades.     Employers  saw  in  it  a  desire  to  extend  and 
strengthen    militant    unionism.       A    milder    policy    will 
remove  this  feeling  of  mistrust  or  distrust.      Certainly 
the   fighting  mood   has  not  been  conspicuous  since   the 
engineers'  strike    and   lock-out   in    1897-98.     If  better 
organisation  tends  to  produce  peace  instead  of  discord, 
then  great   federations  will  be  a  blessing,  not   a  curse. 
One  thing  is  conducive  to  this  end,  namely,  variety  of 
interests.     This  operates  in  trades  unions  when  the  whole 
body  has  to  vote  for  or  against  a  strike.    The  impetuosity 
of  would-be  strikers  is  moderated  by  men  in  other  towns 
not  personally  concerned  in  the  dispute.     With  employers 
individual  interests  come  in,  and  the  voice  of  reason  is 
heard,   loudly  or  feebly,   as  the   case    may  be.     At  the 
present  time  (December,    1901)  this  may  safely  be  said  : 
The  great  federations  on  either  side  have  not  been  pro- 
vocative of  labour  struggles  ;  it  can,  I  think,  be  shown 
that    they    have    rather    tended    to    negotiation    than    to 
industrial  warfare.      But  it  would  be  unwise  to  assume 
that  this  will  be  ever  so. 

15.  A  Decade  of  Legislation. — During  the  last  decade 
over  fifty  enactments  affecting  labour  have  been  placed 


LABOUR   MOVEMENTS,    1890-1901 

upon  the  Statute  Book,  only  two  of  which  have  been  upon 
new  lines,  viz.,  the  Conciliation  Act,  1896,  and  the 
Compensation  Act,  1897.  All  the  others  have  been  in 
the  shape  of  amendments  to  and  extensions  of  previous 
legislation.  Some  of  the  Acts  mentioned  in  the  list  are 
most  important,  especially  those  extending  the  provisions 
of  the  Factory  and  Workshop  Acts  to  other  trades, 
notably  to  "  dangerous  trades "  ;  amendments  of  the 
Mines  Regulation  Acts,  and  improvement  of  the 
Merchant  Shipping  Acts,  due  to  Mr.  Plimsoll  outside 
the  House,  and  to  the  present  writer  in  the  House,  who 
succeeded  in  carrying  the  measures.  The  Acts  relating  to 
railway  employees  have  been  extended  and  improved,  and 
also  the  Truck  Acts.  If  the  Acts  passed  since  1889  have 
not  been  remarkable  for  new  departures,  they  have  been 
most  valuable  in  their  character  and  tendency.  Extended 
safety  to  life  and  limb  has  characterised  many  of  them,  and 
improved  conditions  of  employment  others.  In  no  single 
instance  that  I  can  recall  have  the  old  and  new  unionists 
come  into  collision  over  the  provisions  in  the  Acts  passed. 
Evolution  and  the  law  of  gradual  progress  have  been  silently 
at  work.  It  is  a  sign  of  national  growth  that  the  changes 
effected  have  not  provoked  that  bitterness  of  opposition 
which  was  so  lamentable  an  element  thirty  years  ago.1 

1 6.  Other  Signs  of  Progress.-^— Perhaps  the  most  remark- 
able change  during  the  last  ten  years  or  so  has  been  in  the 
attitude  of  the  public  as  regards  employment  by  the 
Government  and  public  bodies.  The  Government  was 
induced  by  a  resolution  of  the  House  of  Commons  to 
recognise  what  is  termed  the  trade  union  rates  of  wages  in 
various  trades,  and  to  insert  provisions  in  their  contracts 
that  those  rates  should  be  paid.  Many  of  the  great  local 
bodies  of  the  kingdom  have  also  adopted  that  system. 
The  eight-hours'  day  has  been  recognised  by  the  Govern- 
ment in  various  industries  ;  this  gave  an  impetus  to  other 
bodies,  and  possibly  to  some  private  firms,  to  try  the 
experiment,  and  in  most  cases  the  change  has  succeeded. 

1  See    Chap.    XL.,    par.    12,    for    complete    list  of  Acts,    1868   to 
1901,  inclusive. 


458  LABOUR   LEGISLATION 

The  cry  has  gone  forth  that  the  Government  and  public 
authorities  should  be  model  employers,  and  to  some 
extent  this  principle  is  recognised  and  accepted.  Resist- 
ance comes  in  when  these  bodies,  subjected  to  political 
pressure,  are  made  a  leverage  by  means  of  which 
"  private  employers  "  are  forced  to  follow  their  example, 
whether  willing  or  not.  This  is  a  matter  which  has  to  be 
discussed  on  its  merits  in  each  case.  If  the  employer 
contracts  with  the  Government  or  a  public  authority,  he 
must  fulfil  the  conditions  of  the  contract  irrespective  of 
his  likes  or  dislikes.  He  has  agreed  to  the  terms  ;  he 
must  fulfil  them.  To  compete  by  means  of  underpaid 
labour  is  injurious  to  the  State,  and  therefore  the  Govern- 
ment ought  to  discourage  it  in  its  own  interests. 


CHAPTER   XLI 

MR.    CHAMBERLAIN    V.    LABOUR    LEADERS    AND 
LEGISLATION 

DURING  the  election  campaign  in  1900,  the  Right 
Hon.  Joseph  Chamberlain,  M.P.,  Colonial  Secretary, 
addressing  a  meeting  in  opposition  to  a  Labour-Liberal 
candidate,  at  Birmingham,  on  September  29th,  is  reported 
to  have  denounced  labour  members  as  "  only  items  in  the 
voting  machine "  of  the  House  of  Commons;  and  he  went 
on  to  declare  that,  to  the  best  of  his  recollection,  "  not  one 
of  those  gentlemen  had  ever  initiated  or  carried  through 
legislation  for  the  benefit  of  the  working  classes,  though 
occasionally  they  had  hindered  such  legislation."  This 
declaration  was  widely  commented  upon  at  the  time,  and 
I  distinctly  challenged  it  in  the  Morning  Leader  of  October 
i,  1900,  and  in  a  letter  over  my  own  signature  in  the 
Westminster  Gazette  of  October  2nd.  Mr.  Chamberlain 
never  repudiated  the  charge  of  having  used  the  words 
attributed  to  him,  nor  has  he  ever  attempted  to  explain 
or  modify  his  statement.  Presumably,  therefore,  the 
words  attributed  to  him,  as  reported,  were  essentially 
correct.  Mr.  Chamberlain  was  never  esteemed  an 
authority  on  matters  of  history  by  friend  or  foe  ;  but  his 
lack  of  knowledge  of  industrial  history  is  almost 
phenomenal,  taking  the  above  declaration  as  a  specimen 
of  his  acquired  information. 

I.  Mr.  Chamberlain  s  Specific  Charges. — Mr.  Chamber- 
lain used  two  terms  which  need  differentiation.  He  stated 
that  none  of  the  labour  leaders  "  had  ever  initiated  or 


459 


460  LABOUR   LEGISLATION 

carried  through  legislation  for  the  benefit  of  the  working 
classes."  Neither  charge  is  true,  but  their  chances  of 
"  carrying  through  legislation  "  has  always  been  limited. 
The  power  to  do  so  is  circumscribed.  The  labour 
member,  like  all  other  "  private  members,"  only  more  so, 
is  at  the  mercy  of  the  Government  of  the  day  and  of  any 
single  member  who,  with  or  without  reason,  "  objects," 
when  the  Bill  is  reached,  in  the  "  Orders  of  the  Day." 
The  member  who  desires  to  carry  a  measure  must  disarm 
opposition  on  the  part  of  the  Government  and  the  House 
— not  an  easy  matter  to  accomplish  in  any  case,  more 
difficult  for  the  labour  member  usually,  because  he  has  to 
get  through  legislation  of  a  special  kind,  of  interest  to  his 
class.  Hence  the  comparative  fewness  of  the  measures 
actually  carried  through  by  labour  members.  But  these 
are  few  in  number  compared  with  the  whole  House — at 
the  most,  say  one-seventieth  of  the  total ;  and  they  first 
made  their  appearance  in  1874,  with  only  two  members. 
In  the  twenty-seven  years  since  that  date  they  have 
numbered  as  many  as  a  dozen,  but  in  most  Parliaments 
fewer  than  a  dozen.  Nevertheless,  in  proportion  to 
numbers  and  opportunities,  their  record  of  legislation 
"  carried  through "  is  not  so  wholly  contemptible  as  is 
implied  in  Mr.  Chamberlain's  spiteful  remarks. 

2.  Initiation  of  Legislation. — The  charge  of  not 
initiating  legislation  is  so  gross,  so  perversely  opposite 
to  the  truth,  that  one  wonders  how  even  the  Colonial 
Secretary  could  have  given  utterance  to  it.  To  initiate, 
as  I  understand  the  term,  is  to  take  the  first  step,  to 
introduce,  or  commence,  or  begin.  If  Mr.  Chamberlain 
desires  to  limit  the  term  to  the  introduction  of  a  Bill,  be 
it  so.  But  that  would  mean  a  device  to  deceive,  an 
election  dodge,  to  be  explained  away  after  the  occasion, 
when  it  had  served  a  politician's  purpose.  I  shall  use  the 
term  initiate  in  the  sense  of  performing  the  first  act,  taking 
the  first  step  in  matters  of  legislation,  whether  or  not  the 
person  or  persons  so  acting  were  able  to  introduce  into 
Parliament  the  measure  or  measures  in  question,  for  the 
purposes  desired. 


MR.   CHAMBERLAIN   v.  LABOUR   LEADERS      461 

3.  Hindering    Legislation. — Mr.    Chamberlain    further 
said  that  labour  leaders  had  occasionally  "  hindered  such 
legislation  " — /'.*.,  "for  the  benefit  of  the  working  classes.1' 
It    is,  perhaps,  hardly  worth  while  to  treat  this  charge 
seriously.     It    might    be    purely    a    matter    of    opinion 
whether  this  speech  or  that,  this  vote  or  that,  may  have, 
on  occasion,  hindered  a  specific  measure.     To  weigh  all 
the  pros   and    cons   would    require    pages    for    particular 
measures,  and  even  then  opinion  would  be  divided.     But 
this  general  principle  may  be  proclaimed — that  the  working- 
class  leaders  in  the  House  of  Commons  have  been  true  to 
their  trust  in  all  matters  pertaining  to  labour. 

4.  Instances  of  Initiation  other  than  by  Labour  Leaders. 
— I  do  not  desire  to  claim  too  much  for  labour  leaders. 
Their  sphere  of  action  is  limited.     Only  for  a  little  over 
a    quarter    of  a    century  has   their   voice  been  heard  in 
Parliament.     Before  1867  they  had  really  no  very  direct 
voice  even  in  the  election  of  representatives.     Up  to  that 
date  they  had  the  platform,  the  street  corner,  or  the  hill- 
side, with  the  ugly  chance  of  prosecution  and  the  prison, 
and  sometimes  the  mark  of  a  policeman's  baton  or  a  sabre 
cut  by  way  of  change.     They  helped  to  initiate  and  carry 
Parliamentary  reform  to  ensure  legislation.     It  would  not 
only  be  ungenerous,  but  ignoble  to  deny  that  legislation 
had  been  both  initiated  and  carried  "for  the  benefit  of  the 
working  classes  "  by  others  than  labour  leaders.    The  first 
Factory  Act,  in   1802,  was  of  this  class.     But  that  was 
regarded  as  little  more  than  a  kind  of  supplementary  Poor 
Law,  and  is,  as  such,  included  in  Mr.  Tidd  Pratt's  "Poor 
Law  Statutes,"  published  in  1849.     But  almost  every  Act 
after    that  date  bore   the  impress  of  the  labour  leaders' 
influence  in  the  factory  districts  ;  Richard  Oastler,  Rev. 
G.  S.  Bull,  M.  T.  Sadler,  John  Fielden,  Lord  Ashley 
(Lord  Shaftesbury),  Rev.  J.  R.  Stephens,  and  others  only 
voiced  the  bitter  cry  of  the  distressed  operatives  at  that 
period.    Thank  heaven  that  such  men  existed  !     Labour's 
feeble   cry    would    not    have   been    heard    inside    of  St. 
Stephen's  but  for  their  energy,  pluck,  perseverance,  high 
character,  pure    motives,  and  the  desire  to   improve  the 
condition  of  the  labouring  classes. 


462  LABOUR   LEGISLATION 

5.  Protection  for  Miners. — The  initial  step  in  respect  of 
mines'   regulation  was   due  to  the  inquiry  instituted  by 
Royal  Commission,  in  pursuance  of  a  resolution  passed  by 
the    House    of   Commons    on    August    4,    1840.     Lord 
Ashley,   afterwards  Earl   of  Shaftesbury,  was  the   prime 
mover  on  that  occasion,  and  probably  deserves  the  high 
compliment  of  having  taken  the  initiative  ;  even  then  it 
was  prompted  by  the    bitter  cry  of   children    from    the 
mines.     The  inquiry  of  that  date  was  a  memorable  one, 
and  the  report,  dated  January  30,   1843,  was  by  ^ar  tne 
most  important  ever  issued  up  to  that  date  ;  indeed,  few 
better  have  ever  appeared.     But  all  subsequent  legislation 
as  regards  mines  and  miners  has  been  the  outcome  of  the 
initiative    taken  by  miners  themselves,  especially  at  and 
from  their  conference  at  Leeds  in   1863.     Nearly  every 
clause    in   subsequent  Bills  brought  into    the    House   of 
Commons    was    foreshadowed    and    advocated    at    that 
conference,  thirty-eight  years  ago. 

6.  Other  Measures. — The  Chimney  Sweepers'  Act,  to 
prevent  or  regulate  the  climbing  of  boys,  was  the  outcome 
of  others  than  workmen,  and  ended  in  excellent  results. 
But  the  Bakehouses'  Regulation  Act,  1 863,  was  the  outcome 
of  the  operative  bakers'  agitation,  an  inquiry  having  pre- 
ceded the  Act.     All  subsequent  legislation,  poor  in  results 
as  it  may  have  been  in  many  respects,  has  been  promoted 
by  the  operative  bakers,  supported  by  labour  leaders. 

7.  General  Legislation  other  than  on  Labour  Questions. 
— The  list  of  legislative  measures  on  matters  pertaining 
specially  to  labour  is  well-nigh  exhausted.     It  can  scarcely 
be  denied  that  the  demand  for  political  enfranchisement 
came    from    the    voteless    masses,  and    was   used    as   the 
battle-cry  of  political  parties  for  their   own    party  ends. 
The    demand    for   education    arose    among    a   small   but 
patriotic  section  of  the  middle  classes,  but  the  men  most 
prominent   in    its    advocacy  were    the    Chartists,    almost 
entirely  composed  of  working  men.     The  battle  for  the 
free  Press  was  mainly  fought  and  won  by  labour  leaders 
of  that    day,    though    not    designated    as    such.     Henry 
Hetherington,    John     Cleave,    Richard    Moore,    James 


MR.   CHAMBERLAIN   v.   LABOUR   LEADERS     463 

Watson,  William  Lovett,  William  Carpenter,  and  some 
others,  all  working  men,  were  in  the  forefront,  supported 
by  such  men  as  Francis  Place,  Dr.  J.  R.  Black,  and  others 
of  the  middle  class.  Another  section  helped  to  secure  a 
cheap  Press,  and  deserve  our  gratitude.  The  demand  for 
healthier  dwellings  arose  among  the  workers,  and  was 
backed  up  by  men  of  knowledge  and  experience,  who  saw 
the  danger  of  pestilential  dens  to  the  surrounding  in- 
habitants, and  became  alarmed  at  the  danger.  With  many 
it  was  a  mere  question  of  safety  from  epidemic  diseases, 
then  so  prevalent.  The  list  could  be  enlarged  as  regards 
general  measures,  but  sufficient  has  been  said  to  show 
that  "  those  gentlemen,"  as  denominated  by  Mr.  Chamber- 
lain, did  "initiate,"  if  they  did  not  "carry  through" 
legislation. 

8.  Specific  Instances  of  Initiative. — Any  general  repudia- 
tion of  Mr.  Chamberlain's  dictum  might  be  regarded  by 
that  gentleman  as  valueless,  but  specific  instances  of 
"  legislation  for  the  benefit  of  the  working  classes " 
initiated  by  labour  leaders  cannot  be  ignored  or  pooh- 
poohed  out  of  the  way.  He  gave  the  challenge  ;  I  accept 
it ;  here  are  some  facts  for  his  consideration  :— 

(a)  Compensation  for  Injuries, — Mr.  Chamberlain  has 
always  prided  himself  upon  the  passing  of  the  Employers' 
Liability  Act,  1880.  Is  he  altogether  unaware  of  the 
history  of  that  measure,  and  the  various  initial  stages  that 
led  up  to  it  ?  Until  1837  the  Common  Law  prevailed, 
derived  in  this  case,  apparently,  from  the  Roman  Law, 
which  made  no  distinction  between  the  person  employed 
and  others,  in  case  of  injury  caused  by  another,  whether 
from  neglect  or  otherwise.  In  the  case  of  Priestly  v. 
Fowler,  in  1837,  the  doctrine  of  common  employment 
was  raised,  when  it  was  decided  that  a  person  injured  by 
the  negligence  of  a  fellow-servant  in  the  same  employ 
could  not  recover  compensation  from  the  employer.  The 
miners  especially  complained  of  that  decision,  and  in  1 846 
Lord  Campbell  apparently  endeavoured  to  set  aside  that 
decision  in  cases  of  fatal  accidents  by  the  9  and  10  Viet., 
c-  93- 


464  LABOUR   LEGISLATION 

In  1858  the  Scottish  miners  brought  an  action,  subse- 
quently known  as  the  Bartonshill  Coal  Company  v.  Reid. 
The  Scotch  Courts,  which  up  to  that  date  had  not 
legally  recognised  the  doctrine  of  common  employment, 
as  laid  down  in  1837,  gave  a  verdict  in  favour  of  the 
injured  persons.  The  colliery  company  appealed,  and 
carried  the  case  to  the  House  of  Lords,  whose  decision 
reversed  that  of  the  Scotch  Court,  the  verdict  being  in 
favour  of  the  company.  From  that  date  the  doctrine  of 
common  employment  held  good  in  Great  Britain,  many 
decisions  being  given  to  uphold  it,  the  Act  of  1846 
notwithstanding. 

In  1863  the  miners,  in  conference  assembled  in  Leeds, 
framed  the  outline  of  a  Bill  dealing  with  that  matter. 
From  that  date  to  1869  the  agitation  was  carried  on 
mainly  by  the  miners.  When  the  Parliamentary  Com- 
mittee of  the  Trades  Congress  was  constituted,  that 
Committee  took  over  the  Bill  prepared  under  the  auspices 
of  Mr.  Alexander  Macdonald,  and  thenceforward  carried 
on  the  agitation.  The  Committee  had  the  Bill  redrafted, 
and  Mr.  J.  Hinde  Palmer  took  charge  of  it  in  the  House 
of  Commons.  Then  Mr.  Chichester  Fortescue  undertook 
to  introduce  a  Bill  on  behalf  of  the  Government,  and  he 
informed  me  that  the  Bill  was  actually  prepared.  Doubt- 
less, therefore,  Mr.  Chamberlain  found  in  the  pigeon- 
holes of  his  Department  the  chief  provisions  embodied  in 
his  own  Bill  of  1880.  In  any  case,  the  initiative  in  this 
instance  was  by  the  labour  leaders,  their  chief  demands 
having  been  formulated  at  least  seventeen  years  before 
Mr.  Chamberlain  gave  a  sign  of  acquiescence. 

(£)  Arbitration  and  Conciliation  in  Labour  Disputes. — 
The  first  sign  in  favour  of  some  mode  of  referring  labour 
disputes  to  arbitration  came  from  the  Spitalfields  weavers. 
Justices  had  already  the  right  to  adjudicate,  but  only  by 
means  of  summons  or  action.  This  was  too  costly  and 
too  uncertain  for  the  weavers,  and  therefore  they  sought 
a  remedy  in  what  is  known  as  the  Spitalfields  Acts,  by  a 
simple  reference  to  the  magistrates.  The  cost  was  a 
nominal  fee  of,  I  think,  one  shilling.  But  the  method 


MR.   CHAMBERLAIN   v.   LABOUR   LEADERS      465 

was  not  satisfactory  to  the  workers,  however  it  might  have 
been  to  the  masters.  In  those  days  the  Combination  Laws 
operated,  and  justices  still  had  the  power  to  fix  and 
regulate  wages. 

In  1824  aM  existing  Statutes  were  consolidated  and 
amended  by  5  Geo.  IV.,  c.  96,  the  old  enactments  being 
repealed  by  c.  66,  same  year.  The  Consolidation  Act  of 
1824  was  the  principal  Act  in  force  until  repealed  by  the 
Conciliation  Act  of  1896,  but  it  was  never  operative. 
The  Conciliation  Act  of  1867  was  promoted  by  the 
National  Association  of  Trades,  and  was  carried  by  Lord 
St.  Leonards.  But  as  it  followed  the  foolish  lines  of 
1824,  that  also  was  inoperative.  The  Arbitration  Act, 
1872,  was  promoted  by  the  Parliamentary  Committee, 
with  the  sanction  of  the  Trades  Congress.  That  also 
failed.  Why  ?  Because  all  these  Acts  were  so  framed 
that  labour  disputes  could  not  be  really  adjusted  under  the 
provisions. 

The  Conciliation  Act  of  1896  was  in  danger  of  the 
same  fate — absolute  failure.  The  Bill  of  Mr.  Mundella 
did  not  propose  to  repeal  either  of  the  Acts  mentioned 
(1824,  1867,  or  1872),  the  provisions  in  which  would 
have  rendered  it  abortive.  In  the  Act  of  1896  they 
are  repealed,  and  the  measure  has  had  some  success.  I 
felt  bound,  in  my  place  in  Parliament,  to  protest  against 
the  Bill  of  Mr.  Mundella,  and  helped  to  defeat  it.  Why  ? 
Because  provisions  in  other  Acts,  not  proposed  to  be 
repealed,  prohibited  fixing  the  rates  of  wages  to  be  paid 
in  future.  But  that  is  just  what  arbitration,  or  an  agree- 
ment by  a  Conciliation  Board,  must  do.  The  matter  in 
dispute  has  no  past,  practically  no  present  ;  the  award  or 
agreement  must  inevitably  have  reference  to  the  future, 
be  the  period  long  or  short,  for  in  any  case  the  term  of 
its  operation  can  be  fixed.  The  Act  of  1824  was  drafted 
by  lawyers,  instructed  by  "  statesmen "  ;  neither  knew 
anything  about  labour  in  the  proper  sense  of  that  word 
or  of  workmen  who  live  by  labour.  Labour  leaders  were 
not  consulted.  In  the  two  subsequent  Acts  the  labour 
leaders  were  consulted,  but  their  protests  were  dis- 


466  LABOUR   LEGISLATION 

regarded,  and  the  draftsmen  adhered  to  the  old  lines. 
The  present  Act  had  the  advantage  of  criticism  by 
practical  labour  leaders,  and  hence  the  advance.  The 
old  Acts  implied  legislative  sanction,  but  in  effect  said, 
not  to  be  put  in  force.  The  new  Act  is  not  ambitious, 
but  it  is  capable  of  being  utilised  on  occasion. 

(i)  Legislation  as  to  Wages. — In  all  matters  pertaining 
to  wages — payments,  deductions,  rightful  weight  and 
measure,  recovery,  attachment  or  arrestment,  and  the  like, 
it  would  be  idle  to  suppose  that  workmen  owe  much  to 
statesmen  or  employers,  except  under  pressure.  It  may 
be  taken  for  granted  that  all  measures  for  facilitating  the 
payment  of  full  wages  without  reductions,  &c.,  originated 
with  the  then  labour  leaders.  They  had  heard  the  bitter 
cry  of  truck  and  other  devices  for  robbing  the  poor  man  of 
his  rightful  dues — had  themselves  seen  and  felt  the  pinch. 
Hence  they  were  in  the  forefront  of  the  several  movements. 
The  miners  demanded  the  check-weigher  to  secure  full 
payment  by  results.  The  textile  workers  sought  "  par- 
ticulars of  work  "  to  prevent  cheating  by  unprincipled 
employers.  In  all  such  cases  the  workpeople  were 
complainants  ;  the  labour  leaders  voiced  such  complaints, 
and  to  their  initiative  was  due  the  remedies  applied.  In 
the  list  of  Acts  subsequently  given  many  enactments  deal 
with  various  aspects  of  the  "wages  question,"  as  above 
indicated.  Labour  leaders  may  claim  the  credit  of 
initiative  in  all  instances  where  the  advantage  is  in  favour 
of  the  working  classes.  Far  be  it  from  me  to  insinuate 
that  employers  were  all,  or  generally,  opposed  to  the  more 
favourable  conditions  demanded.  There  are  employers 
and  employers.  It  is  the  less  scrupulous  that  have  to  be 
legislated  for  ;  the  others  have  not  uniformly  withheld 
their  help. 

9.  Repeal  of  Laws  Adverse  to  Labour. — It  might  not 
be  known  to  Mr.  Chamberlain,  or  he  may  ignore  it,  that 
the  repeal  of  bad  laws  is  nearly  equal  in  importance  to  the 
passing  of  good  laws,  or  laws  that  partake  of  this  character. 
The  best  legislation  of  the  nineteenth  century  consisted 
mostly  of  repeals  more  or  less  complete.  Wherever 


MR.   CHAMBERLAIN   v.   LABOUR   LEADERS      467 

failure  arose  it  was  because  of  the  incompleteness  of  the 
repeals,  or  saving  clauses  in  substituted  Acts. 

(a)  The  Master  and  Servant  Acts  were  not  initiated  by 
labour  leaders.  Neither  they  nor  workmen  promoted  or 
supported  such  Acts.  They  were  the  ingenious  devices  of 
sapient  statesmen  in  the  reigns  of  "  the  Four  Georges," 
of  glorious  memory  (!),  engrafted  upon  statutes  passed 
in  earlier  reigns,  none  of  which  were  favourable  to  the 
working  classes.  Labour  leaders  in  the  sixties  were 
advised  to  be  content  with  an  amendment  of  those  Acts, 
such  amendment  being  carried  in  1867.  In  the  seventies 
there  arose  a  demand  for  the  total  repeal  of  all  existing 
Master  and  Servant  Acts,  and  in  1875  their  demands 
were  acceded  to.  The  agitation  therefor  was  initiated  by 
working-class  leaders,  those  in  Glasgow  and  London 
voicing  the  demand.  The  entire  merit  of  initiation 
belongs  to  labour  representatives  ;  their  friends  in  Parlia- 
ment merely  expressed  their  wishes,  and  gave  form  to 
measures  designed  to  accomplish  what  they  had  desired 
and  advocated  during  long  and  weary  years,  while  states- 
men looked  on  with  indifference. 

(£)  The  repeal  of  the  Combination  Laws  was  the  result 
of  the  daring  action  of  labour  leaders,  backed  by  men  who 
had  the  pluck  to  combine.  Joseph  Hume  and  others 
wisely  interpreted  the  wishes  of  the  working  classes  and 
carried  through  the  requisite  legislation.  It  was  the  same 
with  other  class-made  laws  ;  their  repeal  was  mainly,  if 
not  wholly,  due  to  the  action  of  the  labour  leaders  of 
the  day  and  generation  when  the  repeals  were  effected. 
Whatever  failures  arose  in  connection  with  such  repeals 
were  due  to  the  half-heartedness  of  those  responsible  for 
the  measures — to  the  Government  of  the  day,  whose 
object  it  was  to  whittle  down  the  provisions  in  such 
Bills  to,  if  possible,  a  vanishing-point,  or  to  the 
members  of  the  House  of  Commons  representing  the 
employing  classes. 

10.  General  Measures  Initiated  by  Labour  Leaders. — 
But  I  must  appeal  from  Mr.  Chamberlain  to  a  higher 
court,  to  the  public — that  is,  to  such  as  take  an  interest 


468  LABOUR   LEGISLATION 

in  questions  like  those  under  review.  I  have  not  answered 
Mr.  Chamberlain  according  to  his  folly.  Facts  are  adduced 
which  tell  their  own  tale.  I  have  no  wish  to  claim  for 
labour  leaders  more  than  their  due.  They  are  not  all- 
wise,  any  more  than  the  member  for  West  Birmingham. 
Their  task  has  been  a  difficult  one.  They  have  had  to 
lead  where  their  followers  thought  the  way  dubious,  and 
at  every  turn  opposing  factions  faced  them  to  obstruct, 
deride,  misrepresent,  and  where  possible  to  scatter  the 
seeds  of  discord  and  cause  disunion.  Thus  the  leaders 
were  hampered,  sometimes  by  distrust,  always  by  opposi- 
tion. The  latter  was  on  occasion  so  cleverly  devised  that 
it  created  doubt  even  in  the  minds  of  those  for  whose 
benefit  the  action  or  initiative  was  taken.  The  wonder  is, 
not  that  the  labour  leaders  have  not  done  more,  but  that 
they  have  been  able  to  accomplish  so  much. 

11.  Notable  Exceptions. — In  the  following  extended  list 
some  exception  may  be  taken  to  a  few  items.     The  initia- 
tive did  not  in  all  cases  come  from  labour  leaders,  but  in 
most  cases  they  promoted,  advocated,  and  supported  when 
they  did  not  originate  the  movement.     For  example,  Mr. 
Plimsoll  originated  most  of  the  legislation  in  favour  of 
"  Our  Seamen "   during  the  last  thirty  years  ;    but    he, 
above    all    men,    knew   how    much    he    owed    to   labour 
leaders  and  to  the  help,  pecuniary  and  otherwise,  given 
by  the   working  classes.     Sir   John   Lubbock  originated 
Bank  Holidays,  giving  to  those  in  banking  houses  a  legal 
right  to  Boxing  Day,  Easter  Monday,  and  Whit  Monday. 
The  ist  of  August  he  created  as  a  holiday,  now  generally 
observed   in  most  industries.     He  also  voiced  the  shop 
assistants  in  some  of  their  demands,  and  successfully.     A 
few  other  instances  might  be  adduced  of  initiation  by  others 
than  labour  leaders,  but  the  main  contention  holds  good. 

12.  Legislation    since    Institution    of    Trades    Congress, 
1868.— The  period   chosen  in  the  list  that  follows  will 
be  obvious.     Before  the  assembly  of  Trades  Union  Con- 
gresses in  1868  there  was  no  regularly  constituted  body 
to    promote    or    initiate    legislation.     Previous    to    that 
special  conferences  or  congresses  were  called  in  particular 


MR.   CHAMBERLAIN   v.    LABOUR   LEADERS     469 


cases,  as,  for  example,  in  the  matter  of  the  Master  and 
Servant  Act  in  1864,  which  conference  lasted  four  days. 
From  1868  the  Trades  Union  Congresses  have  been  con- 
tinuous and  annual  except  in  1870,  when  it  was  post- 
poned until  early  in  1871.  In  the  series  of  congresses — 
1868  to  1901  inclusive — every  measure  of  importance 
affecting  workmen  has  been  considered,  and  the  Parlia- 
mentary Committee  initiated,  promoted,  advocated,  and 
supported  the  Bills  introduced.  I  do  not  know  an  instance 
in  which  legislation  favourable  to  the  working  classes  has 
been  really  hindered  by  responsible  labour  leaders. 


Year. 

LI! 

Statute  and  Reign. 

>T    OF    MEASURES. 

.—  -=*  
Subject  Matter  of  the  Several  Enactments. 

1868 

31  &  32  Viet.,  c.  116 

The    Recorder's    Act  —  Larceny    and    Em- 

bezzlement —  gave   power   to    punish  de- 

faulting    officers    of     trade    unions    as 

co-partners  therein. 

1869 

32  &  33  Viet.,  c.  61 

Trade  Unions  —  Protection  of  Funds  (Tem- 

porary). 

1870 

33  &  34  Viet.,  c.  30 

Attachment  of  Wages  (England  and  Ireland). 

1870 

33  &  34  Viet.,  c.  62 

Factory  and  Workshops  Extension  Act. 

1870 

33  &  34  Viet.,  c.  63 

Arrestment  of  Wages  (Scotland). 

1871 

34  &  35  Viet.,  c.  31 

The  Trade  Union  Act  (see  also  1876). 

1872 

35  &  36  Viet.,  c.  46 

The  Arbitration  Act  —  labour  disputes. 

1872 

35  &  36  Viet.,  c.  76 

The  Mines  Regulation  Act  (Coal). 

1872 

35  &  36  Viet.,  c.  77 

The  Metalliferous  Mines  Act. 

1873 

36  &  37  Viet.,  c.  67 

Agricultural  Children  Act. 

1873 

36  &  37  Viet.,  c.  85 

Merchant  Shipping  Act. 

l874 

37  &  38  Viet.,  c.  43 

The  Alkali  Works  Act. 

1874 

37  &  38  Viet,  e.  44 

Factories  (Health  of  Women)  Act. 

l874 

37  &  38  Viet.,  c.  48 

Hosiery  Manufacture  (Payment  of  Wages) 

Act. 

1875 

38  &  39  Viet.,  c.  60 

Friendly  Societies  Act  —  consolidation. 

1875 

38  &  39  Viet.,  c.  86 

Conspiracy  and  Protection  of  Property  Act. 

1875 
1875 

38  &  39  Viet.,  c.  90 
38  &  39  Viet.,  c.  88 

Employers  and  \ynrkmerLj\rrt 

Unseaworthy  Ships  —  Load-line  Act. 

1876 

39  &  40  Viet.,  c.  22 

Trade  TTniorj  Art,  T^T,  Amendment  Act. 

1876 

39  &  40  Viet.,  c.  80 

The  Merchant  Shipping  Act. 

l877 

40  &  41  Viet.,  c.  43 

The  Justices'  Clerks  Act. 

1877 

40  &  41  Viet.,  c.  60 

The  Canal  Boats  Act  (George  Smith). 

1878 

41  &  42  Viet.,  c.  16 

Factory  and  Workshops  Consolidation  Act 

—  very    important     amendments    incor- 

1878 

41  &  42  Viet.,  c.  49 

porated. 
Weights  and  Measures  —  Consolidation  Act 

—  checkweighing    (coal    mines)    clauses 

incorporated. 

470 


LABOUR   LEGISLATION 


Year 


l879 


i860 

1880 
1880 

1881 
1881 

1881 
1881 
1882 
1882 
1882 
1883 
1883 

1883 
1883 
1884 


1884 

1884-5 

1884-5 

1884-5 

1886 

1886 

1886 

1887 
1887 
1887 

1887 
1887 
1888 

1888 
1888 
1888 
1888 

1888 
1888 


Statute  and  Reign. 


42  &  43  Viet.,  c.  49 

43  &  44  Viet.,  c.  16 

43  &  44  Viet,  c.  1 8 

43  &  44  Viet,  c.  42 

44  &  45  Viet,  c.  22 
44  &  45  Viet,  c.  24 

44  &  45  Viet.,  c.  33 

44  &  45  Viet.,  c.  37 

45  &  46  Viet.,  c.  3 
45  &  46  Viet.,  c.  22 

45  £  46  Viet.,  c.  24 

46  &  47  Viet.,  c.  28 
46  &  47  Viet.,  c.  52 

46  &  47  Viet.,  c.  53 

46  &  47  Viet.,  c.  57 
Order  in  Council. 

47  &  48  Viet.,  c.  31 
47  &  48  Viet.,  c.  34 

47  &  48  Viet.,  c.  75 

48  &  49  Viet.,  c.  3 
48  &  49  Viet.,  c.  23 
48  &  49  Viet.,  c.  63 


tyj  ot/  iyy  v  i\-L., 

49  &  50  Viet,  c.  28 
49  &  50  Viet.,  c.  40 
49  &  50  Viet.,  c.  55 


50  &  51  Viet,  c.  ic, 
50  &  51  Viet.,  c.  28 
50  &  51  Viet.,  c.  43 

50  &  51  Viet.,  c.  46 

50  &  51  Viet.,  c.  50 

51  &  52  Viet.,  c.  15 

51  &  52  Viet,  c.  21 
51  &  52  Viet.,  c.  22 
51  &  52  Viet.,  c.  24 
51  &  52  Viet.,  c.  58 

51  &  52  Viet.,  c.  62 
51  &  52  Viet.,  c.  66 


Subject  Matter  of  the  Several  Enactments. 


Summary  Jurisdiction  Act — mainly  due  to 

action  of  Trades  Union  Congress,  and 

P.  C. 
Merchant  Shipping  (Payment  of  Wages 

Act. 

Merchant  Shipping  (Grain  Cargoes)  Act. 
The  Employers'  Liability  Act. 
Bankruptcy  (Scotland)  Small  Debts  Act. 
Summary  Jurisdiction  (Scotland)  Process 

Act. 

Summary  Jurisdiction  (Scotland)  Act. 
Alkali  Works  Regulation  Act. 
The  Metalliferous  Mines  Amendment  Act. 
Boiler  Explosions  Act — witnesses,  &c. 
Summary  Jurisdiction  (Ireland)  Act. 
The  Companies  Act — amendment. 
Bankruptcy  (England)  Act — small  debts, 

&c. 
Factory     Acts     Extension  —  bakehouses, 

white-lead  works,  &c. 
The  Patents  Act — four  years'  protection  ; 

£4  fees,  &c. 
Employers    and   Workmen    Act,    1875 — 

amended  rules,  &c. 

Payment  of  wages    in  public-house  pro- 
hibited. 
Extension  of   hours   of   polling  to  eight 

o'clock. 

Canal  Boats  Amendment  Act. 
Extension  of  the  Franchise  Act  )  Reform 
Redistribution  of  Seats  Act          j     Acts. 
Patents,  designs,  and  trade  marks. 
Bankruptcy  (Agricultural  Wages)  Act. 
Coal  Mines  Act,  Amendment  Act. 
Limitation   of  hours  of  labour  in  shops 

(W.  S.  C.). 

Fencing  of  Quarries  Act. 
Fraudulent  Marks  Act. 
The  Stannaries  Act — mines  in  Cornwall, 

&c. 

The  Truck  Acts  Amendment  Act. 
The  Coal  Mines  Consolidation  Act. 
Friendly    Societies  —  savings    banks 

(N.  D.  C.,  &c.). 

Law  of  Distress  Amendment  Act. 
Factory  and  Workshops  Amendment  Act. 
Merchant  Shipping — saving  life  at  sea. 
Employers'   Liability,    1880,   Continuance 

Act. 

Bankruptcy  Act — law  of  distress. 
Friendly  Societies — exemption  from  §  30 

in  certain  cases. 


MR.   CHAMBERLAIN   v.    LABOUR   LEADERS     471 


Statute  and  Reign. 


Subject  Matter  of  the  Several  Enactments. 


52  &  53  Viet.,  c.  9 
52  &  53  Viet.,  c.  22 

52  &  53  Viet.,  c.  24 
52  &  53  Viet.,  c.  29 

52  &  53  Viet.,  c.  43 
52  &  53  Viet.,  c.  46 
52  &  53  Viet.,  c.  62 

52  &  53  Viet.,  c.  68 

52  &  53  Viet.,  c.  76 

53  &  54  Viet.,  c.  9 
53  &  54  Viet.,  c.  15 
53  &  54  Viet.,  c.  16 
53  &  54  Viet.,  c.  18 

53  &  54  Viet.,  c.  35 
53  &  54  Viet.,  c.  43 

53  &  54  Viet.,  c.  45 

53  &  54  Viet.,  c.  59 
53  &  54  Viet.,  c.  68 

53  &  54  Viet.,  c.  70 

54  &  55  Viet.,  c.  47 

54  &  55  Viet.,  c.  75 

55  &  56  Viet.,  c.  30 
55  &  56  Viet.,  c.  37 

55  &  56  Viet.,  c.  62 

56  &  57  Viet.,  c.  2 

56  &  57  Viet.,  c.  29 
56  &  57  Viet.,  c.  30 
56  &  57  Viet.,  c.  39 

&  57  Viet.,  c.  67 
&  58  Viet.,  c.  8 


57  &  58  Viet.,  c.  25 

57  &  58  Viet.,  c.  28 
57  &  58  Viet.,  c.  42 
57  &  58  Viet.,  c.  52 


1894    57  &  58  Viet.,  c.  60 


Libraries  Acts  Amendment — joint  parishes. 

Friendly  Societies — exemption  in  certain 
cases  (§  30). 

Master  and  Servant  —  Repeal  of  Acts 
(Howell). 

Merchant  Shipping — Passenger  Acts  Amend- 
ment. 

Merchant  Shipping — tonnage. 

Merchant  Shipping — advance  notes. 

Factories — cotton  cloth,  steaming  processes, 
&c. 

Merchant  Shipping — pilotage. 

Technical  instruction  —  power  to  local 
authority. 

Merchant  Shipping — load-line  (Howell). 

Open  Spaces  Act — health  and  recreation. 

Working  Classes  Dwellings  Act. 

Workmen's  superannuation — War  Depart- 
ment. 

Boiler  Explosions  Act,  Amendment  Act. 

Education — deaf,  mute,  and  blind  children 
(S.). 

Police — pensions  and  allowances  :  widows 
and  children. 

Public  Health  Acts,  Amendment  Act. 

Libraries  Acts,  Amendment  Act. 

Artisans'  and  Labourers'  Dwellings  Acts — 
consolidation  and  amendment  (Housing 
Working  Classes). 

Metalliferous  Mines  Acts,  Amendment  Act. 

Factory  and  Workshops  Acts  Amendment 
Act. 

Alkali  Works  Acts,  Amendment  Act. 

Merchant  Shipping  Acts — load-line  and  pro- 
visions (Howell). 

Shop  Hours  Regulation  Act  (Sir  J.  Lubbock). 

Exemption  of  provident  funds  of  trade 
unions  from  Income  Tax  (Howell). 

Hours  of  labour  of  railway  servants. 

Friendly  Societies — arbitration  (Howell). 

Industrial  and  Provident  Societies  Acts — 
consolidation  and  amendment  (Howell). 

Shop  Hours  Amendment  Act — expenses. 

Industrial  and  Provident  Societies  Act 
(Howell). 

Outdoor  relief  to  members  of  friendly 
societies  (Strachey). 

Notices  of  inquiries  into  accidents,  &c. 

Quarries — prevention  of  accidents. 

Coal  Mines  Act — interference  with  check- 
weigher. 

Merchant  Shipping  Acts— consolidation. 


472 


LABOUR   LEGISLATION 


Year. 

Statute  and  Reign. 

Subject  Matter  of  the  Several  Enactments. 

I895 

158  &  59  Viet.,  c.  5 

Shop  Hours  Amendment  Act  (Lubbock). 

1895 

58  &  59  Viet.,  c.  26 

Friendly  Societies  Act  Amendment. 

1895 

58  &  59  Viet.,  c.  30 

Industrial     and     Provident    Societies    Act 

Amendment  (Howell). 

1895 

58  &  59  Viet.,  c.  36 

Fatal  Accidents  —  inquiry  into  (Scotland). 

1895 

58  &  59  Viet.,  c.  37 

Factory  and  Workshops  Amendment  Act. 

1896 

59  &  60  Viet.,  c.  25 

Friendly  Societies  Consolidation  Act. 

1896 

59  &  60  Viet.,  c.  26 

Ditto    Amending  Act  —  collective  societies. 

1896 

59  &  60  Viet.,  c.  30 

Conciliation  Act  —  labour  disputes. 

1896 

59  &  60  Viet.,  c.  43 

Coal  Mines  Regulation  Amendment  Act. 

l896 

59  &  60  Viet.,  c.  44 

Thf  Jpirl-  VtS  Amendment  Act. 

I897 

60  &  6  1  Viet.,  c.  37 

Compensation  for  Injuries  Act. 

I897 

60  &  61  Viet.,  c.  52 

Dangerous  performances  by  young  persons, 

&c. 

I897 

60  &  61  Viet,  c.  58 

Cotton    Cloth    Factories   Act,  Amendment 

Act. 

1897 

60  &  6  1  Viet,  c.  59 

Merchant  Shipping  Act,  Amendment  Act. 

l898 

61  &  62  Viet,  c.  14 

Merchant  Shipping  Act,  1894,  Amendment 

Act. 

1898 

61  &  62  Viet.,  c.  15 

Friendly  Societies,  &c.,  enabled  to  borrow 

money. 

l898 

61  &  62  Viet.,  c.  53 

Libraries    Act  —  protection    of    books    (Co- 

operative Union). 

1899 

62  &  63  Viet.,  c.  13 

Employment    and     education     of     young 

children  (Mr.  Robson). 

I899 

62  &  63  Viet.,  c.  21 

Seats  for  shop  assistants  (Sir  J.  Lubbock). 

1900 

63  &  64  Viet,  c.  21 

Prohibition  of  child  labour  in  mines. 

1900 

63  &  64  Viet.,  c.  22 

Compensation  Act  —  extension  to  agriculture. 

1900 

63  &  64  Viet.,  c.  27 

Prevention  of  accidents  on  railways. 

I9OO 

63  &  64  Viet.,  c.  53 

Elementary  Education  —  various. 

1900 

63  &  64  Viet.,  c.  59 

Housing  the  Working  Classes  Act,  Part  III. 

1901 

i  Edw.  VII.,  c.  9 

Education  (Children)  (Scotland). 

1901 

i  Edw.  VII.,  c.  19 

Public  Libraries  —  general. 

1901 

i  Edw.  VII.,  c.  22 

Factory    Acts  —  consolidation    and    amend- 

ment. 

13.  Possible  Criticisms  Anticipated. — The  foregoing  list 
contains  over  six  score  Acts  of  Parliament — a  goodly  list 
in  thirty-three  years.  Some  exception  may  be  taken  in 
certain  cases  to  the  inclusion  of  particular  Acts ;  but  I  aver 
that  the  influence  of  labour  leaders  is  seen  where  there  is 
no  index  to  direct  initiative — for  example,  the  Bank- 
ruptcy Acts.  I  claim  that  the  preferential  claim  to  wages 
given  in  those  Acts  was  due  to  labour  leaders.  If  other 
exceptions  be  taken  I  maintain  that  labour  leaders  may 
well  lay  claim  to  influence,  direct  and  specific,  in  other 


MR.   CHAMBERLAIN   v.   LABOUR   LEADERS      473 

Acts,  as,  for  example,  in  all  that  pertains  to  local  govern- 
ment— County,  District,  and  Parish  Councils,  Allotments, 
Adulteration,  Weights  and  Measures,  and  other  Acts. 
The  actual  initiative  might  be  hard  to  discover  in  some 
instances,  but  the  hand  of  the  labour  leader  can  be 
distinguished. 

14.  Popular  Education  ana  Conclusion. — Mr.  Joseph 
Chamberlain  did  much  for  elementary  education  in 
connection  with  the  National  Education  League.  But 
that  League  called  to  its  councils  all  the  best  known  \ 
labour  leaders  of  that  period,  and  to  these  was  due 
much  of  the  fervour  of  the  movement.  We  were  all 
pressed  into  the  movement.  Outside  of  Birmingham 
itself  and  the  surrounding  districts  few  men  did  more, 
individually,  than  Robert  Applegarth  and  I  to  arouse 
the  working  classes  on  the  subject.  But,  long  prior  to 
this,  the  Working  Men's  Association  and  Chartists  were 
the  real  popular  advocates  of  popular  education.  They 
kept  the  matter  alive.  Ellis,  Brougham,  Knight,  Kay, 
and  others  were  among  the  initiators  of  the  movement ; 
but  the_Chartists  were  the  chief  missionaries.  Let  it  not 
blTsupposed  that  we  do  not  render  unto  Caesar  the  things 
that  are  Caesar's,  but  we  after  all  claim  that  the  chosen 
leaders  of  the  masses  voiced  the  desires  of  their  con- 
stituents, gave  form  to  their  aspirations,  and  often 
indicated  to  reluctant  statesmen  the  measures  of  relief 
required  in  specific  cases.  I  submit  my  reply  to  the 
candid  judgment  of  the  public. 


CHAPTER   XLII 

PRESENT     POSITION,     PROSPECTS,     AND     ASPIRATIONS     OF 

LABOUR 


terms  "capital"  and  "labour"  are  usually  em- 
ployed to  denote  employers  and  employed,  respec- 
tively, in  the  mass.  In  this  sense  are  the  terms  used  in 
this  work.  They  have,  however,  a  wider  meaning. 
"  Labour  '  might  well  include  the  busy  shopkeeper, 
who  works  early  and  late  in  his  shop  ;  the  clerk  who 
earns  a  salary  and  disdains  to  call  it  wages  ;  the  publican 
who  serves  in  his  "  bar  "  from  5  or  6  a.m.  till  midnight 
or  later  ;  even  the  lawyer  or  doctor  whose  payment  is  by 
fees.  The  gradients  are  often  very  fine,  both  as  regards 
capital  and  labour.  "  Employer  "  may  mean  a  person 
who  works  himself  and  employs  a  man  or  two,  a  firm 
employing  thousands,  or  a  great  company  employing  tens 
of  thousands.  The  terms  as  here  used  mean  generally 
"  employer  and  workman,"  as  defined  in  the  Employers 
and  Workmen  Act,  1875  ;  but  in  this  work  shop  assistants 
and  others,  even  domestic  servants,  are  not  necessarily 
excluded.  The  hirer  and  the  hired  come  within  the 
scope  of  the  work  as  a  rule  ;  but  where  a  more  restricted 
class  is  meant,  the  context  indicates  the  extent  of  inclusion 
or  exclusion. 

i.  Material  Prosperity.  —  Recently  some  writers  and 
speakers  have  taken  rather  a  gloomy  view  of  the  situation. 
But,  looked  at  as  a  whole,  the  close  of  the  nineteenth  and 
the  dawn  of  the  twentieth  century  present  an  aspect  of 
general  prosperity  unequalled  in  the  annals  of  labour. 

474 


PRESENT   POSITION   OF   LABOUR  475 

From  1870  to  1874  "  trade  advanced  by  leaps  and 
bounds,"  and  wages  went  up  to  a  higher  level  than  had 
ever  been  attained  before,  especially  with  miners  and 
ironworkers,  and  in  certain  other  more  or  less  favoured 
industries.  Latterly,  however,  the  advance  has  been  all 
along  the  line.  All  trades  and  industries  have  shared  in 
the  prosperity  to  a  greater  or  lesser  degree.  The  hours 
of  labour  also  have  been  reduced  of  late  years,  so  that 
the  normal  and  average  working  day  is  shorter  than  it 
ever  was  before.  Generally,  also,  the  conditions  of 
employment  are  better  in  most  industries — in  some  by 
legislation,  in  others  by  trade  union  action  and  mutual 
arrangement.  A  partial  decline  in  wages  in  some  indus- 
tries during  the  year  1901  does  not  affect  the  above 
statement  to  any  serious  extent.  At  its  close  work  was 
still  fairly  plentiful  in  most  trades,  though  a  decline  was 
apparent  in  a  few  instances.  The  position,  therefore,  was 
comparatively  good,  and  the  outlook  at  present,  though 
less  bright  than  it  was,  is  by  no  means  discouraging. 

2.  Public  Health^  Sanitation^  &c. — The  subjects  of 
sanitation  and  housing  the  working  classes,  open  spaces, 
&c.,  do  not  come  within  the  scope  of  the  present  work, 
and  therefore  the  measures  dealing  with  those  matters 
have  not  been  dealt  with  or  have  only  been  referred  to 
incidentally.  To  understand  the  real  position  up  to 
the  middle  of  the  nineteenth  century  it  is  necessary  to 
go  back  to  the  Parliamentary  Reports  of  1842-44  ;  then, 
after  perusal,  to  compare  that  period  and  its  conditions 
with  those  of  to-day.  With  the  exception  of  a  couple 
of  temporary  Acts  during  the  cholera  visitation  in  the 
thirties,  there  was  not  even  a  Sewers*  Act  in  existence 
until  1848  ;  indeed,  very  little  general  legislation  in 
this  connection  had  taken  place  prior  to  the  Public 
Health  Act,  1875.  We  owe  all,  or  nearly  all,  the 
progress  made  for  the  promotion  of  healthful  conditions 
to  the  legislation  of  the  last  fifty  years.  The  working 
classes  are  but  sharers  in  that  progress,  but  as  part  of 
the  general  public  they  enjoy  a  portion  of  its  multi- 
farious advantages.  Unsanitary  dwellings  still  exist, 


476  LABOUR   LEGISLATION 

but  they  are  now  the  exception  —  fifty  years  ago  they 
were  the  rule.  If  local  authorities  did  their  duty,  they 
would  practically  be  non-existent,  for  the  general  law  is 
all-sufficient  for  the  purpose  of  securing  comparative 
freedom  from  loathsome  surroundings  dangerous  to  the 
health  of  the  residents  and  incidentally  to  that  of  the 
community. 

3.  Workmen's  Dwellings. — As  regards  workmen's  dwell- 
ings, the  first  step  was  taken  in  1851,  and  was  due  to  the 
Earl  of  Shaftesbury.     The  object  of  the  initial  measure 
was  to  improve  the  condition  of  common  lodging-houses, 
thus  starting,  as  it  were,  at  the  base.      Since  that  date 
numerous  Acts  have  been  passed,  with  extended  juris- 
diction,   the    object   being    to   provide   better    dwellings 
for  all  sections  of  the  working  people.     Much  has  been 
done  in  this  respect.     The  demand  for  further  measures 
tends  to  show  that  the  industrial  masses  appreciate  the 
changes  effected  by  legislation,  and  also  by  private  enter- 
prise, as  an  outcome  of  that  legislation.     Fifty  years  ago 
there    was    no   such    demand.       Indeed,    the    complaint 
generally   was    that   of  compulsory   removal,   as    in   the 
case  of  the  Fleet  Valley,  Cow  Cross  and  the  neighbour- 
hood, Somers  Town,  and  various  other  then  well-known, 
uncongenial,  and  even  undesirable  localities.     The  efforts 
to  secure  public  parks  and  open  spaces  for  the  people 
began  about  the  same  time,  the  present  generation  scarcely 
knowing  that  all  our  public  parks  and  open  spaces,  except 
the  Royal  parks,  have  been  secured  since   1850.     Thus 
health  and  recreation  have  gone  hand  in  hand,  as  it  were  ; 
it  is  no  longer  solely  a  matter  of  interest  and  effort  on  the 
part  of  the  masses,  for  the  entire  community  are  alive  to 
the   necessity   for   and  the  advantages  of  healthful  sur- 
roundings, and  are  prepared,  generally,  to  be  taxed  to 
secure  them. 

4.  Cheap  Transit — Rail  and  Tram. — Workmen's  tickets, 
at -cheap  return  fares,  constitute  a  great  boon  to  work- 
people of  all  sections  who  are  able  to  avail  themselves  of 
them.     The  conveniences  are  not  perfect,  and  there  are 
some  restrictions  as  to  the  time  when  the  return  tickets 


PRESENT   POSITION   OF   LABOUR  477 

are  available.  The  fares  also  in  some  cases  may  be 
higher  than  need  be.  But,  in  spite  of  all  complaints 
and  drawbacks,  the  advantages  of  an  early  and  cheap 
service  are  undeniable.  In  London  especially  the  boon 
is  great.  I  have  known  workmen  to  walk  from  six 
to  eight  miles  to  their  work  before  six  o'clock  in  the 
morning,  and  walk  back  after  the  day's  work  was  finished 
at  5.30  p.m.  With  such  long  distances  men  were  tired 
ere  they  commenced  work,  and  longed  for  the  breakfast 
half-hour,  from  8  to  8.30  a.m.  That  the  concessions  are 
appreciated  is  seen  in  the  crowded  trains  in  the  early 
mornings.  Forty  years  ago  this  was  but  a  dim  dream, 
unrealised,  and  scarcely  regarded  as  possible  of  realisation 
by  the  then  working  population.  Now  the  question  of 
providing  trains  or  trams  is  no  longer  in  dispute  ;  the 
only  points  at  issue  are  the  extent  of  the  accommodation, 
the  hours  at  which  they  shall  run,  the  limitations  as  to 
return,  and  the  rates  at  which  the  tickets  shall  be  issued. 
In  this  respect  alone  workmen  of  the  present  day  enjoy 
privileges  which  those  of  the  past  generation  had  no 
hopes  of  obtaining. 

5.  Wages  and  Hours  of  Labour. — Wages  have  advanced 
all  along  the  line.  In  no  industry  at  the  present  day  are 
the  wages  so  low  as  they  were  in  the  fifties  and  sixties,  to 
say  nothing  of  earlier  decades.  But  not  only  are  wages 
higher,  the  purchasing  power  of  the  realised  earnings  is 
far  greater  than  it  was  in  the  decades  mentioned.  In 
some  cases  the  price  of  commodities  has  advanced  in 
recent  years,  but  taken  as  a  whole  the  actual  necessaries 
of  life  are  cheaper,  and  in  numerous  cases  better,  than  they 
were.  Adulteration  is  no  longer  resorted  to  in  the  shame- 
less way  and  to  the  same  extent  as  it  was  when  Frederick 
Accum  published  his  book,  "  Death  in  the  Pot."  The 
Adulteration  Acts  are  far-reaching,  and  the  penalties  in 
cases  of  violation  of  their  provisions  are  severe  ;  but  the 
local  authority  has  the  administration  of  the  Acts,  and  in 
some  instances  they  have  been  lax  in  the  enforcement  of 
their  provisions.  Short  weight  is  also  dealt  with  in  the 
Weights  and  Measures  Acts,  all  of  which  provide  for  full 


478  LABOUR   LEGISLATION 

weight  and  measure  according  to  the  standards.  In  all 
respects  as  regards  wages  and  values  there  has  been  a  great 
advance,  the  masses  reaping  a  share  more  or  less  full  of 
the  advantages.  Were  they  alive  to  their  own  interests, 
and  in  earnest,  they  would  reap  a  richer  harvest,  for  the 
power  is  to  a  large  extent  in  their  own  hands. 

6.  Legal  Position  of  Trade  Unions. — The  recent  de- 
cisions in  the  House  of  Lords  in  the  Taff  Vale  case  and 
in  the  Belfast  Butchers'  case  have  created  considerable 
alarm  in  trade  union  circles,  and  not  a  little  indignation. 
Roughly  speaking  the  decisions  amount  to  this — that  the 
union  can  be  sued  for  damages  by  an  employer  in  case  of 
a  dispute.  Mr.  Frederic  Harrison  regards  the  decisions 
as  a  serious  blow  to  trade  unionism — so  serious,  indeed, 
that  the  very  existence  of  trade  unions  is  threatened. 
Mr.  H.  Broadhurst,  M.P.,  in  a  speech  delivered  at 
Nuneaton  on  August  17,  1901,  declared  "  that  good 
trade  unionism  and  labour  combinations  occupied  worse 
positions  than  they  did  thirty  years  ago."  Most  of  the 
labour  leaders  seem  to  take  up  the  same  position, 
though  in  one  or  two  instances  a  more  hopeful  view  has 
been  expressed.  In  the  August  number  (1901)  of  The 
London  Trades  and  Labour  Gazette  Mr.  j.  Macdonald, 
secretary  of  the  London  Trades  Council,  says  :  <c  Ever 
since  the  introduction  of  what  is  erroneously  termed  the 
'  New  Unionism/  a  section  of  the  employing  class,  backed 
by  a  number  of  persons  proclaiming  themselves  as  the 
upholders  of  the  rights  of  property,  have  been  searching 
high  and  low  for  a  weak  point  in  the  armour  of  the  trade 


union  movement.' 


7.  He  goes  on  to  say  that  "  the  right  to  picket  has 
been  attacked,  and,  thanks  to  judge-made  law,  nearly 
abolished.  The  publication  of  circulars  and  placards 
warning  members  and  the  public  as  to  the  conditions  of 
employment  obtaining  in  certain  firms  has  been  held  to  be 
an  infringement  of  the  law.'*  "  The  Lords'  decision  in 
the  Taff  Vale  case  has  affirmed  that  a  union  is  a  legal 
entity,  and  can  be  sued  as  a  corporate  body."  He  goes 
on  to  discuss  the  practical  effect  of  the  decision  above  and 


PRESENT   POSITION   OF   LABOUR  479 

beyond  what  actual  damages  could  be  assessed.  He  con- 
tinues :  "  This  is  the  end  for  which  employers  and  their 
friends  have  so  assiduously  worked.  A  pity  that  the  in- 
discreet action  of  some  responsible  officials  of  the  A.S.R.S. 
should  have  afforded  them  the  long-sough  t-for  opportunity." 
This  last  sentence  is  significant,  for  it  practically  admits 
that  "  indiscreet  action  "  led  to  the  injunction  which  was 
granted  by  Mr.  Justice  Farwell,  quashed  by  the  Court 
of  Appeal,  but  upheld  by  House  of  Lords.  I  do  not 
altogether  share  the  despondency  of  those  who  think  that 
a  fatal  blow  has  been  struck  at  the  unions,  serious  as  the 
blow  is.  But  Mr.  Macdonald  is  right  in  his  view  that  the 
action  recently  taken  is  a  result  of  the  New  Unionism. 
It  is,  in  fact,  retaliation  by  the  employers — a  significant 
protest  against  the  intensely  militant  spirit  of  modern 
trade  unionism. 

8.  Under  the  Old  and  the  New  Law — a  Comparison. — 
In  order  to  comprehend  the  whole  situation  it  is  essential 
to  review  it,  to  compare  the  new  with  the  old.  When 
the  Act  of  1824  was  passed  the  doctrine  of  the  Common 
Law  of  Conspiracy  was  repealed  as  regards  labour  com- 
binations. In  the  substituted  Act  of  1825  that  provision 
was  omitted,  consequently  the  later  Act  was  less  favour- 
able than  the  previous  one.  If  the  Act  of  1824  had  stood 
as  passed,  the  position  of  labour  in  association  or  combina- 
tion would  have  been  far  better,  and  many  of  the  sub- 
sequent prosecutions  would  have  been  averted.  But  both 
Acts  contemplated  freedom  to  combine  or  not  to  combine 
and  held  to  the  inviolability  of  a  contract,  a  breach  of  which, 
by  workpeople  or  servants,  being  always  regarded  as  a 
criminal  offence  under  the  Combination  Act  of  1824  and 
1825,  and  by  the  Master  and  Servant  Acts,  including  that 
of  1867.  It  was  not  until  1875,  under  the  Employers 
and  Workmen  Act,  that  a  breach  of  labour  contracts  was 
wholly  treated  as  a  civil  offence.  The  law  now  is,  under 
the  recent  decisions,  that  the  union  as  (in  some  sense)  a 
corporate  body  is  responsible  for  civil  damages,  and  not 
merely  the  person  or  persons  guilty  of  the  offence.  The 
seriousness  of  those  decisions  is  acknowledged  on  all 


480  LABOUR  LEGISLATION 

hands,  though  some  may  have  exaggerated  views  as  to 
its  magnitude. 

9.  Legal  Aspects  of  Picketing. — The  other  point  in 
question  is  the  right  or  wrong  of  picketing.  Molestation, 
coercion,  intimidation,  and  the  like,  were  indictable  offences, 
punishable  by  imprisonment,  under  5  Geo.  IV.,  c.  95  ( 1 824), 
and  under  6  Geo.  IV.,  c.  129  (1825).  But  compulsion  or 
force  had  to  be  proven  if  the  strict  letter  of  the  law  were 
followed.  "  Watching  and  besetting,"  which  mean  picket- 
ing, do  not  appear  in  the  provisions  of  either  Act. 
Section  III.  in  the  Act  of  1825  makes  it  clear  that  some 
form  of  compulsion  or  force  must  be  used  by  the  offending 
person  to  render  him  liable  to  prosecution,  in  connection 
with  a  labour  dispute,  to  prevent  some  other  person  from 
working,  or  to  induce  him  to  leave  off  working.  The 
right  of  mere  persuasion  is  implied,  for  it  is  not  mentioned 
or  indicated.  But  on  this  point  an  Act  was  passed  in 
1859 — the  22  Viet.,  c.  34,  which  expressly  permitted 
"  endeavouring  peaceably,"  &c.,  to  persuade  others,  as 
lawful.  In  order  to  make  it  clear,  I  quote  the  whole 
section  : — 

§  I.  "That  no  workman  or  other  person,  whether  actually  in 
employment  or  not,  shall,  by  reason  merely  of  his  entering  into  an 
agreement  with  any  workman  or  workmen,  or  other  person  or  persons, 
for  the  purpose  of  fixing  or  endeavouring  to  fix  the  rate  of  wages  or 
remuneration  at  which  they  or  any  of  them  shall  work,  or  by  reason 
merely  of  his  endeavouring  peaceably  and  in  a  reasonable  manner,  and 
without  threat  or  intimidation,  direct  or  indirect,  to  persuade  others  to 
cease  or  abstain  from  work  in  order  to  obtain  the  rate  of  wages  or  the 
altered  hours  of  labour  so  fixed  or  agreed  upon,  shall  be  deemed  or 
taken  to  be  guilty  of  4  molestation '  or  '  obstruction '  within  the 
meaning  of  the  said  Act  (6  Geo.  IV.,  c.  129),  and  shall  not  therefore 
be  subject  or  liable  to  any  prosecution  or  indictment  for  conspiracy  : 
Provided  always  that  nothing  herein  contained  shall  authorise  any 
attempt  to  induce  any  workman  to  break  or  depart  from  any 
contract." 

Unfortunately  that  Act  was  repealed,  in  1871,  by  33 
&  34  Viet.,  c.  32,  no  corresponding  right  to  exercise 
legitimate  influence  upon  others  being  accorded  by  the 
Criminal  Law  Amendment  Act,  which  was  substituted 
for  the  Acts  repealed. 


PRESENT   POSITION   OF   LABOUR  481 

10.  The    Blackburn     Case. — In    this    connection    the 
decision  in  the  Blackburn  case,  on  Wednesday,  Septem- 
ber 25,  1901,  is  significant.     The  vice-chancellor  of  the 
County  Palatine  said  :  "  There  appeared  to  be  a  reason- 
able suspicion  that  certain  things  which  were  not  strictly 
in  accordance  with   the  law  were  being  done — he  would 
not  go  further  than  this — and  therefore  he  thought  there 
was  sufficient  ground  to  justify  an  injunction.'*     Which 
he  accordingly  granted.     What  were  the  grounds  ?     No 
intimidation,    coercion,    or    any    overt    act    was    alleged. 
What  was  the  illegal  conduct  to  justify  an  injunction  ?     Is 
"  reasonable  suspicion  "  as  to  intention  to  be  taken  as  a 
ground  for  action  ?     If  so,  who  can  be  regarded  as  safe  ? 
It  rests  with  the  complainant  to  decide. 

11.  Intention   of  Act  of   1859. — The  Act  quoted,  of 
1859,  was  to  amend  the  law  as   it  then  stood,  and  was 
passed  because  "  different  decisions  have  been  given  on 
the  construction  of  the  said  Act" — 6  Geo.  IV.,  c.  129. 
The   design,    therefore,   was   to    prevent  "  endeavouring 
peaceably,   and  in    a    reasonable    manner,    to    persuade," 
&c.,  from  being  construed  as  an  offence,  punishable  by 
law,    under     the    said     Act.     Nevertheless,    subsequent 
decisions  by  the  Courts  went  far  beyond  the  provisions 
in  the  statute  quoted,  as,  for  example,  in  the  Hammer- 
smith  case,   the   gas   stokers'    case,   and   others.     When 
the  Labour   Laws   were    considered    in    1875,    all    such 
decisions     were     practically     condemned,     and     it     was 
thought  that  the  new  law  had  covered  those  quoted  and 
similar  cases.     As  a  matter  of  fact  it  had  been  so  regarded 
generally,    and    prosecutions    only    succeeded    in    cases 
where   some    overt  act  of  unlawful   coercion  had  been 
considered    proven.      The    recent    decisions    have    not 
made    the    alleged    offenders   liable    to    prosecution,   but 
have   held   the    union    responsible   for   damages   arising 
from    the    action    of    members  of    a    union,    where  the 
union,  as  a  body,  has  been  deemed  to  sanction  the  acts 
complained  of.     The  process  is  a  civil  one,  by  c<  action 
at  law,"  whereas  formerly  criminal  procedure  was  resorted 
to,  the  object  being  to  reach  and  punish  the  individual 

32 


482  LABOUR   LEGISLATION 

offender ;    the    union,    as    such,    not    being    held    legally 
responsible. 

12.  Positive  Legal  Effect  of  Recent  Decisions. — As 
this  is  not  meant  to  be  a  treatise  upon  law,  nor  a 
text- book  upon  some  particular  branch  of  it,  I  do  not 
feel  called  upon  to  enter  at  any  length  upon  the 
technicalities  involved  in  recent  cases,  which  have 
caused  so  much  stir  in  the  trade  union  world  and  in 
labour  circles  generally.  It  is,  indeed,  unnecessary,  for 
already  a  number  of  publications  have  appeared  in 
which  the  legal  aspects  have  been  set  forth  and 
discussed.1  I  cannot  do  better  here  than  summarise 
"  the  results,  in  brief,"  as  set  forth  in  some  of  the 
authorities  quoted,  without  committing  myself  to  the 
different  views  expressed,  (i)  In  "The  Law  Relating 
to  Labour  Unions,"  coercion  and  intimidation  is  thus 
treated  : — 


"Allen  v.  Flood  and  Quinn  v.  Leathern,  taken  together,  decide  that 
with  unlawful  and  malicious  intent — (a)  to  bring  about  a  strike  or 
lock-out,  or  (b)  to  induce  customers  to  discontinue  dealing  with  a 
tradesman,  or  (c)  to  threaten  to  do  so,  is  illegal  ;  and  those  injured  by 
such  proceedings  can  recover  damages  against  the  persons  responsible, 
and  equally  so  whether  there  is  a  conspiracy  or  not.  It  is  also  illegal 
to  circulate  '  black  lists '  of  employers  not  to  be  worked  for  or  dealt 
with,  or  of  workmen  not  to  be  employed." 


13.  (2)  Picketing,  or  "such  watching  and  besetting  as 
constitutes  what  is  known  as  '  peaceful  picketing/  is 
decided  by  Lyons  v.  Wilkins  to  be  unlawful,  unless 
it  is  done  (in  the  words  of  the  Act)  in  order  merely 
to  obtain  or  communicate  information."  (3)  "Labour 
Union  Liability — TafF  Vale  Railway  Company  v. 
Amalgamated  Society  of  Railway  Servants  decides  that 

1  "  The  Law  Relating  to  Labour  Unions,"  Employers'  Parliamentary 
Council ;  also  "  The  Law  and  Trade  Unions,"  by  Richard  Bell,  M.P. ; 
the  Positivist  Review,  September,  1901,  by  Frederic  Harrison  ;  and 
numerous  articles  in  newspapers  and  reviews.  But  see  "  Trade 
Union  Law  and  Cases,"  Cohen  and  Howell  (Sweet  and  Maxwell, 
Ltd.),  1901. 


PRESENT   POSITION   OF   LABOUR  483 

a  labour  union,  although  it  is  not  a  corporation,  can 
sue  and  be  sued  in  respect  of  wrongs  committed  by 
or  against  it."  All  the  above  decisions,  except  Lyons 
v.  Wilkins,  were  by  the  House  of  Lords,  and  are 
therefore  final  and  binding  throughout  the  United 
Kingdom,  to  all  intents  and  purposes  law,  until 
changed  by  legislation. 

14.  Trade   Union   View. — The  monthly  report  of  the 
Amalgamated   Society    of  Carpenters    and   Joiners   thus 
summarises  the  situation,  October,   1901  : — 

"  The  points  of  law  already  settled,  and  which  must  be  borne  in 
mind,  are  :  (i)  That  to  resolve  not  to  use  material  coming  from  any 
particular  firm  because  of  a  refusal  on  their  part  to  cease  supplying 
another  whose  hands  are  on  strike,  is  an  actionable  offence — case, 
Temperton  v.  Russell.  (2)  That  for  pickets  to  endeavour  to  persuade 
men  not  to  work  for  an  employer  whose  men  are  on  strike,  however 
peaceably  it  may  be  done,  is  an  actionable  offence — case,  Lyons  v. 
Wilkins.  (3)  That  to  publish  black  lists  of  workmen  or  employers  is 
contrary  to  law — case,  Trollope  v.  Building  Trades'  Federation. 
(4)  That  to  call  out  members  of  a  union  or  to  threaten  to  do  so  unless 
the  employer  discharges  non-union  men,  irrespective  as  to  whether 
agreements  have  been  entered  into  or  otherwise,  is  illegal — case,  Quinn 
v.  Leathern. 

Very  earnest  entreaties  to  members  follow  the  above 
statement  of  the  case  not  to  act  in  contravention  of 
the  legal  decisions  enumerated. 

15.  Mr.    Harrisons    View. — Mr.    Frederic    Harrison, 
in   the  Positivist  Review  >  says  :   "  Two  decisions  of  the 
House   of  Lords    in    the   last   few   weeks   have   deeply 
affected    the    legal    position    of    trade    unions    of    our 
country.     It    is  not  too   much   to  say  that  these  judg- 
ments have  practically  made  new  law  :   law  which  must 
prevent  trade  unions  from  doing  many  things  that,  for 
five-and-twenty   years,    they    have    believed    they    had    a 
right    to    do ;    and    which    exposes    the    whole    of  their 
funds  to  legal  liabilities  from  which  till  now  they  have 
been  thought   to    be    exempt."      He   goes    on    to    point 
out   that    the    decisions   in    effect    are    "  practically   the 
same   as  an  Act  of  Parliament  " — not    to    be    disputed. 


484  LABOUR   LEGISLATION 

Mr.  Harrison  summarises  the  position  thus  :  "  Now 
put  these  two  decisions  together.  They  come  to 
this  :  i.  When  a  trade  union  seeks  to  drive  any  one 
to  its  terms  by  inducing  others  not  to  deal,  though  it 
may  not  do  anything  forbidden  by  the  Act  of  1875, 
it  may  be  civilly  liable  in  damages  (Quinn  v.  Leathern). 
2.  A  trade  union  may  be  made  corporately  responsible 
for  the  acts  of  its  officers,  may  be  sued  by  name,  and  its 
funds  may  be  taken  to  satisfy  all  legal  claims  (Taff  Vale 
v.  Amalgamated  Society  of  Railway  Servants)." 

1 6.  A  Modified  View. — The  foregoing  represent  more 
or    less    accurately    the    general    view    of    lawyers    and 
intelligent  trade   unionists  as    regards   the    effect    of  the 
several     decisions     enumerated,     as    set     forth     in     the 
reports    of    the    various    unions,    of  the    Parliamentary 
Committee    of    the    Trades    Union    Congress,    and    in 
speeches    of  labour    leaders   and    others.     Mr.    Herman 
Cohen    (joint    author    with    myself    of  "  Trade    Union 
Law  and   Cases,"  and  responsible  for  the  legal  portions 
of    the    work)    is    not    quite    so    emphatic    as    to    the 
disastrous  effects  of  the  Taff  Vale  decision.     He  points 
out  that,  in  essence,  previous  decisions  had  been  given 
to    the    same    effect,   and    yet   that  the  unions  survived. 
He  says  :   "  It  may  be  pointed  out  that,  by  this  decision, 
unions  have  not  lost    any  rights  which  they  previously 
possessed.      They    are    in    the    same    position    as    other 
employers.     If  the  illegal  acts  committed  by  agents  or 
servants    are  within    the   scope    of  their   authority,   the 
employers    are  liable,   but    not    otherwise."     He    thinks 
that  some  unlawful  or  overt  act  must  be  committed  to 
warrant  the   application  of  the  law  as  laid  down  in  the 
decisions. 

17.  Good  Law  or  Bad  Law. — Mr.  Frederic  Harrison 
seems    to  deprecate  discussion    as  to   the    abstract  right 
or  wrong   of  decisions   rendering    a    trade  union    liable 
in  damages,   by  being  sued,   as  a  body,  for  the  acts  of 
individual    members.      Most   lawyers    appear    to    agree 
with  him.     He  and  they  are  entitled  to  every  respect, 
his    opinions    especially,    considering    the    part    he    has 


PRESENT   POSITION   OF   LABOUR  485 

played  in  labour  movements  for  forty  years.  But  I 
am  a  layman,  and,  I  fear,  do  not  hold  in  absolute 
veneration  a  decision  of  a  court  of  law,  even  the 
highest,  as  a  lawyer  would  do.  Judges  are  but  men, 
frail  men  sometimes,  and  they  even  differ.  The  Court 
of  Appeal  reversed  the  judgment  of  Mr.  Justice 
Farwell ;  then  the  case  was  taken  to  the  House  of 
Lords,  where  the  decision  of  the  Court  of  Appeal  was 
reversed,  and  the  judgment  of  Mr.  Justice  Farwell 
was  upheld.  The  divergence  between  the  Court  of 
Appeal  and  the  House  of  Lords  is  significant.  The 
decisions  were  absolutely  at  variance.  Both  cannot  be 
right.  One  Court  said  that  a  trade  union  could  not, 
as  such,  be  sued ;  the  other  said  it  could  ;  authority 
goes  with  the  latter.  So  far  it  is  now  the  law  ;  that 
cannot  be  gainsaid.  But  the  grounds  of  the  decision 
may  still  be  called  in  question,  and  I  question  it,  on 
the  facts  of  the  case,  and  also  upon  historical  grounds, 
as  regards  the  intention  of  the  Legislature  when  the 
Trade  Union  Act  was  passed. 

1 8.  The  Decisions  Challenged. — One  of  the  grounds  of 
the  decision  in  the  Taff  Vale  case  was  that,  inasmuch  as 
the  Act  of  1871  did  not  expressly  declare  that  a  trade 
union  could  not  be  sued  for  damages  resulting  from  the 
individual  acts  of  its  members,  therefore,  not  being 
prohibited,  the  union  might  be  sued.  This  is  poor  logic. 
A  truer  and  more  natural  deduction  would  be — not  being 
expressly  declared  to  be  suable,  therefore  it  was  not 
intended  that  a  union  should  be  sued.  If  the  Legislature 
intended  that  the  right  to  sue  and  be  sued  should  be 
exercised,  it  could  and  would  have  provided  therefor  in 
the  Act.  It  did  not,  and  those  who  know  most  about 
the  history  of  that  legislation  emphatically  declare  that 
the  power  was  intentionally  withheld.  It  is  a  dangerous 
power  in  the  hands  of  any  few  men  to  be  able  to  read 
into  an  Act  of  Parliament  what  is  not  there  expressed, 
however  distinguished  and  honourable  those  men  may  be. 
To  say  that  provision  ought  to  be  made  to  meet  such 
cases  as  those  before  the  courts  is  another  question  ;  that 


486  LABOUR   LEGISLATION 

deserves  consideration  ;  but  it  should  be  made  by  Parlia- 
ment, not  by  judges,  whose  duty  it  is  to  administer  the 
law  as  it  stands.  A  trade  union  now  is  a  body  liable  to 
be  sued,  yet  in  the  judgment  of  Mr.  Justice  Farwell  it  is 
not  a  corporate  body. 

19.  Suggested  Schemes  for  Averting  the  Consequences.— 
The    decisions    adverted    to    being    now    practically    law, 
suggestions  are  made  as  to  how  best  to  minimise  their 
effects,  or  avert  the  possible  and  probable  consequences. 

(i)  The  standing  counsel  of  the  Parliamentary  Com- 
mittee has  suggested  the  separation  of  the  provident  from 
the  trade  funds  as  one  remedy.  The  proposal  is  an  old 
one.  We  fought  it  in  the  sixties  and  early  seventies.  The 
trade  unions  would  not  hear  of  it.  One  union  alone 
adopted  the  suggestion  and  came  to  grief.  Then  it  was 
a  powerful  body  ;  its  rival,  a  younger  and  weaker  body, 
repudiated  it,  and  has  in  consequence  flourished,  while  the 
other  body  decayed,  and  is  now  seldom  heard  of  in  the 
trade  union  world.  The  proposal,  if  adopted,  would  spell 
ruin  to  such  bodies  as  the  engineers,  the  carpenters  and 
joiners,  the  boilermakers  and  iron  shipbuilders,  the  steam- 
engine  makers,  the  ironfounders,  and  similar  societies. 
Such  unions  must  maintain  their  present  organisation  as 
mixed  bodies  with  trade  and  provident  benefits  combined. 
They  are  now  powerful — strong  in  numbers,  influential  in 
the  world  of  labour,  splendidly  equipped  as  regards  funds, 
and  a  steadying  force  in  all  that  pertains  to  social  and 
economical  questions. 

20.  (2)  Avoidance   of  Consequences   by    Change   in   the 
Rules. — Others    suggested  changes    in    the    rules  of  the 
unions,  so  as  to  escape  responsibility.     This  is  a  doubtful 
policy.      Any   attempt    to    shirk    legal   responsibility  by 
throwing  it  upon  the  individual  members  would  fail,  and 
in  my  humble  judgment  ought  to  fail.     If  the  act,  or 
acts,  declared  to  be  illegal  are  persisted  in  the  union  must 
be  held  responsible.    If  they  are  regarded  as  legitimate  and 
defensible  the  unions  must  go  to  Parliament  for  redress. 
The  legislature  listened  to  their  voice  in  the  past,  when 
there  was  less  sympathy  with  trade  unions  than  there  is 


PRESENT   POSITION   OF   LABOUR  487 

now,  and  measures  of  relief  were  passed.  Parliament 
would  not  turn  a  deaf  ear  now  if  the  demands  were  but 
reasonable.  Evasion  of  responsibility  is  not  commendable, 
nor  do  I  think  that  effective  evasion  is  possible  were  it 
desirable. 

21.  (3)  Transfer  of  Responsibility. — The  London  Trades 
and  Labour  Gazette,  the    organ  of  the    London  Trades 
Council  (October,  1901),  in  an  article  headed  "  How  to 
Circumvent  the  Lords'  Decision,"  says  :  (a)  "  We  there- 
fore suggest  that  it  is  the  duty  of  trades  councils  in  every 
district  to  form  voluntary  corps  for  picketing  purposes." 
It  adds :  "There  is  nothing  in  the  law  to  prevent  members 
on  strike  joining  such  corps."     The  trades  councils,  it  is 
suggested,    should   pay    the    pickets ;    "  the   question    of 
agency  therefore  cannot   arise."     "Trades  councils  have 
no    accumulated   funds,  and    therefore  it   would   not    be 
worth  while  to  attack  them."     (£)  "Trade  unions  must 
keep  their  funds  strictly  locked  up,  to  be  used  by  none 
but  themselves."     (f)  "  Trade  councils  should  undertake 
to  publish  '  white  lists '  instead  of  '  black  lists/  and  thus 
defeat  the  intentions  of  employers."     Those  methods  are 
suggested  because   "  the  trades  councils  of  the   country 
carry  on  the  militant  side  of  the  movement.     They  have 
nothing  to  lose,  but  trade  unions  have  vast  resources  to 
conserve,  and  what  meagre  privileges  they  possess  they 
have  got  to  retain." 

22.  Evasion  of  Law  Bad  in  Principle. — This  is  very 
dangerous  advice,  especially  when  given  by  a  responsible 
official  who  belongs  to  that  section  of  the  labour  party 
which  demands   more    law.      Too    many  of  the   British 
workmen  have  already  a  scant  regard  for  law ;  it  is  not 
desirable    to    increase    the    number.       Above    all,    it    is 
not  wise  to  encourage  a  disrespect  for  the  law  and   to 
invent  methods  whereby  it  can  be  broken  or  evaded  with 
impunity.     Even  if  the   methods  could  succeed   to  any 
extent,  which  is  very  doubtful,  the  policy  is  bad.     What 
workmen  need  is  good  law  where  law  is  required,  and 
then  that  the  law  should  be  honourably  obeyed.     What 
is  most  wanted  is  a  deep  regard  for  justice  and  equity, 


488  LABOUR   LEGISLATION 

respect  for  individual  rights  and  liberty  ;  on  these  bases 
better  legislation  can  be  demanded. 

23.  Order  and  Progress. — Mr.  Frederic  Harrison  has 
long  been  teaching  that  "  order  is  the  law  of  progress." 
Pope  years  ago  declared  that  "order  is  Heaven's  first  law." 
Trade  unions  have  been  more  or  less  inculcating  the 
lesson  for  at  least  a  generation.  The  discipline  taught 
by  the  unions  has  done  much  in  the  propagation  of  the 
doctrine  and  in  imposing  its  authority.  Employers  have 
slowly  recognised  their  influence  as  well  as  their  power 
when  its  exertion  was  thought  to  be  needed.  Employers 
must  not  be  allowed  to  go  back  upon  the  past,  recent  past 
though  it  be,  by  reason  of  occasional  perfervid  outbursts 
of  an  angry  few.  Restraint  is  necessary.  Threats  are 
dangerous,  and  they  are  unnecessary.  Violence  is  inde- 
fensible. Intimidation  is  an  irritant,  and  is  valueless  as 
a  remedy  for  labour's  wrongs.  Workmen  are  entitled  to 
demand  just  and  equal  laws,  which  they  and  all  men  are 
bound  to  respect  and  obey.  If  they  coerce  men  to  belong 
to  a  union,  employers  are  equally  justified  in  coercing 
men  not  to  belong  to  a  union.  Unionists  seem  to  forget 
this  simple  truth.  Both  are  on  the  same  plane.  Until 
this  important  fact  is  duly  recognised  and  acted  upon  the 
position  of  organised  labour  will  continue  to  be  unsatis- 
factory, strife  will  recur,  hands  will  be  idle,  distress  will 
prevail,  and  the  resources  of  trade  unions  will  be  dissipated 
in  angry  contests. 

24.  The  Crisis — Duty  of  Labour  Unions. — That  a  crisis 
has  arisen  in  the  history  of  organised  labour  is  certain. 
Decision  upon  decision  have  piled  precedent  upon  prece- 
dent, and  precedent  may  tend  to  industrial  slavery,  just 
as  it  has  broadened  down  to  religious  liberty  and  political 
freedom.  The  unfavourable  nature  of  the  decisions  is 
obvious,  their  far-reaching  character  is  fraught  with 
danger.  A  critical  period  has  arisen  when  the  whole 
superstructure  of  industrial  organisation  will  have  to  be 
investigated  from  foundations  to  coping-stone  and  ridge 
of  roof.  Where  weak,  buttresses  will  have  to  be  erected  ; 
where  otherwise  defective,  such  structural  alterations  will 


PRESENT   POSITION   OF   LABOUR  489 

have  to  be  made  as  may  be  needed.  On  the  whole,  the 
edifice  is  sound  ;  the  foundations,  except  here  and  there, 
are  good  ;  but  it  is  the  outcome  of  many  hands  ;  several 
styles  are  apparent,  some  of  which  do  not  blend  ;  and  the 
result  is  neither  harmonious  nor  equally  solid  for  its 
purposes.  Unification  is  essential  in  the  general  design, 
though  it  need  not  be  either  wholly  Classic  or  Gothic  in 
all  its  multifarious  details.  But  architect  and  builder 
must  agree  as  to  the  general  purposes  of  the  building  and 
as  to  the  superincumbent  weight  which  the  foundations 
and  walls  have  to  carry,  or  the  whole  may  come  down 
with  a  crash,  and  great  will  be  the  fall  thereof. 

25.  Remedies  for  Wrongs  not  Impossible. — The  first 
thing  that  labour  leaders  and  trade  union  officials  have 
to  do  is  to  understand  precisely  the  effect  of  recent  de- 
cisions upon  each  form  of  organisation  and  each  section  of 
trade  unionists,  and  then  propound  their  demands  and 
indicate  the  measures  which  are  required,  both  for  present 
safety  and  future  development.  Wild  proposals  are 
harmful  and  their  acceptance  impossible.  Sound,  prac- 
tical suggestions  may  find  their  realisation  in  legislative 
action.  Parliament  is  not  so  unwilling  to  redress  a 
grievance  as  many  would  have  us  believe.  The  history 
of  legislation  during  the  last  forty  years  proves  this  ; 
indeed,  if  we  include  the  Factory  and  Workshop  Acts, 
Mines  Regulation  Acts,  and  other  measures,  we  might  go 
back  a  century.  Prove  the  injustice,  the  wrong,  and 
Parliament  will  listen,  will  provide  a  remedy  ;  inadequate 
it  may  be,  for  that  august  assembly  is  not  inclined  to 
heroics.  But  it  is  as  amenable  to  reason  as  an  assembly 
of  workmen,  a  trade  union  gathering,  or  a  labour  con- 
ference. The  man  who  thinks  otherwise,  and  especially 
he  who  derides  it,  can  scarcely  expect  to  win  its  confidence 
and  gain  assent  to  its  proposals,  which,  after  all,  would 
in  many  cases  be  mere  nostrums.  Honest  endeavour, 
practical  knowledge,  persistent  effort,  and  upright  con- 
duct always  find  in  the  House  of  Commons  an  appre- 
ciative audience,  and  mostly  a  sympathetic  desire  to  grant 
reasonable  concessions. 


490  LABOUR   LEGISLATION 

26.  Measures  Essential  and  Possible. — I  am  not  called 
upon   to  formulate  a  policy  or  frame  a  programme.     I 
have  no  mandate  so  to  do.     I  am  not  a  labour  leader  ;  I 
am  not,  and  never  have  been,  a  paid  official  of  any  trade 
union.      My   position  now  is   that   of   an  outsider    and 
onlooker,  but  one  who   for  fifty  years  has  been  closely 
identified  with  labour  movements,  and  has  done  his  full 
share  of  work  in  labour's  cause.     The  men  with  whom 
I  worked    sought  to   secure  to  labour   its  rightful  dues 
and  to  deprive  capital  of  its  wrongful  advantages.     To 
snatch  from  capital  its  rightful  dues  and  give  to  labour 
wrongful  advantages  never  entered  into  our  minds.     If 
our  ideal  has  not  been  reached  the  British  workmen  are 
to  blame,  for,  in  the  mass,  they  give   scant  support  to 
those  who  labour   in   their  behalf,   but   willingly   accept 
the    advantages.     In    spite    of  this    much  was   done,    if 
something  still  remained  to  be  done  by  our  successors. 
We  never  dreamt  of  substituting  one  tyranny  for  another. 
That  might  be  change,  but  it  certainly  is  not  progress. 
Our  great  aim  was  to  secure  equality  and  justice,  both  in 
law  and  its  administration.     If  the  first  seventy  years  of 
the  nineteenth  century  be  compared  with  the  next  twenty 
years,  it  will  be  obvious  that  enormous  strides  were  made 
towards  the  attainment  of  that  ideal. 

27.  Essentials   of    New    Legislation. — Owing    to    the 
antagonism  and  indifference  of  the  public,  the  opposition 
and  influence  of  capitalists,  and  the  apathy  and  lack  of 
knowledge  of  trade  unionists,  we  failed  to  secure  two  of 
our  purposes,  though  we  paved  the  way  to  their  realisation. 
Those  two  might  well    constitute  the  basis  of  measures 
now  needed,  by  reason  of  the  recent  decisions.    They  are  : 
(i)  Exemption  from  special  punishment  or  penalty  under 
the  common  law.     (2)  The  repeal  of  such  special  criminal 
provisions  in  the  Conspiracy  and  Protection  of  Property 
Act,  1875,  and  other  Acts,  as  apply  only  to  labour — that 
is,  to  workmen  in   combination.      As  regards  the  first, 
workmen  were  exempted  from  "  indictment  or  prosecu- 
tion for  conspiracy  or  any  other  criminal  information  or 
punishment  whatever  under  the  Common  or  the  Statute 


PRESENT   POSITION   OF   LABOUR  491 

Law,"  by  5  George  IV.,  c.  95,  in  1 824.  "  The  Common  " 
Law  was  deleted  in  1825,  but  it  is  significant  that  it  was 
carried  by  the  Parliament  of  1824,  when  labour  had  no 
voice  in  or  out  of  Parliament,  being  voteless.  With 
respect  to  the  second  our  demand  was,  throughout  the 
sixties  and  the  early  seventies,  when  the  labour  laws  were 
discussed,  that  all  such  offences  as  were  then  enumerated 
in  the  Act  of  1825,  and  were  subsequently  embodied 
in  the  Act  of  1875  and  other  Acts  analogous  thereto, 
should  be  dealt  with  under  the  general  law,  as  embodied  in 
the  Malicious  Injuries  to  Property  Act,  1861  (24-5,  Viet., 
c.  97),  and  the  Offences  Against  the  Person  Act,  1861, 
24  &  25  Viet.,  c.  100),  and  Acts  amending  the  same,  or 
substituted  therefor.  If  the  provisions  in  those  and 
similar  Acts  are  weak  let  them  be  strengthened,  but 
make  the  law  general,  universal  in  application  in  all  cases, 
whether  the  offence  arises  or  is  committed  in  connection 
with  labour  or  otherwise.  Some  amendment  of  the  law 
as  regards  civil  procedure  and  damages  is  also  necessary 
in  face  of  the  recent  decisions,  but  there  ought  to  be  no 
insuperable  difficulty  in  framing  and  carrying  an  equitable 
measure.  Exemption  from  responsibility  where  a  wrong 
is  absolutely  done  is,  however,  impossible  and  undesirable. 

28.  Vantage  Ground  of  Labour  in  1902. — The  ques- 
tion of  being  able  to  effect  changes  in  law  favourable  to 
labour  is  one   of  importance,  and   requires  comparative 
treatment.     When  the  battles  were  fought  from  1859  to 
1875,  trade  unions  were  weak,  numerically  and  financially, 
in    comparison    with    those    of    to-day  (1902).      Up    to 
1868  only  an  inconsiderable  proportion  of  working  men 
were  voters,  the    majority   were  still    unenfranchised    in 
1884.     In   1874,  for  the  first  time,  two  labour  members 
were  returned  to  Parliament — Alexander  Macdonald  and 
Thomas  Burt  ;  before  that  date  labour  was  voiceless  in  the 
House  of  Commons.     In    1880  one  other  member  was 
returned,  making  a  total,  all  told,  of  three. 

29.  Labour    Leaders    in    Parliament. — After    the    En- 
franchisement   Act   and   Redistribution  of  Seats  Act,  in 
1884-5,  at  the  General  Election,  1885,  labour  represen- 


492  LABOUR   LEGISLATION 

tation  largely  increased,  since  when  the  number  of  labour 
members  has  fluctuated  between  twelve  and  nine,  the  latter 
being  the  present  number  (February,  1902).  When  the 
Labour  Laws  were  passed  in  1875  there  were  only  two, 
now  there  are  nine.  With  this  accession  of  strength  in 
the  House  of  Commons,  and  with  the  possibilities  of 
further  additions,  workmen  having  the  majority  of  votes 
in  numerous  constituencies,  it  is  nonsense  to  talk  about 
the  disabilities  of  labour.  The  working  classes  have 
political  power  ;  they  can  control  the  voting  machine  ;  if 
they  elect  to  grumble  and  fulminate  when  they  ought  to 
act  and  work,  then  they  deserve  to  suffer  for  their  supine- 
ness  and  lack  of  initiative.  A  few  diligent,  active,  able, 
and  persistent  men  in  the  House  of  Commons  can  do 
much  if  they  act  unitedly  and  have  a  good  case.  They 
need  not  stand  alone  as  an  "  independent  labour  party  "  ; 
indeed,  if  they  do,  the  chances  are  that  they  will  frustrate 
their  own  object.  There  are  many  in  the  House  of 
Commons,  employers  and  others,  who  will  support  a 
good  cause  and  promote  good  legislation,  even  when  that 
legislation  is,  to  all  intents  and  purposes,  favourable  to 
labour,  and  not  in  the  interests  of  their  class. 

30.  Communal  Sphere  of  Influence. — The  word  "  Com- 
munal "  is  here  used  to  denote  all  forms  of  local 
government  in  this  country,  and  they  are  many.  No 
other  single  word  is  so  comprehensive  in  its  application. 
Thirty  years  ago  there  was  scarcely  a  city  or  town  in 
this  country  in  which  labour,  as  such,  found  a  voice  in 
any  public  assembly,  constituted  as  a  local  authority. 
The  franchise  was  limited  in  certain  cases,  and  where  all 
resident  ratepayers  had  the  vote,  labour  representatives 
were  conspicuous  by  their  absence.  Within  the  last 
twenty  years  important  changes  have  taken  place,  all 
favourable  to  labour.  Now  its  voice  is  heard  in  the 
municipal  chambers  of  cities  and  boroughs  ;  in  County, 
District,  and  Parish  Councils ;  on  local  boards  of  all 
kinds,  on  School  Boards,  on  Boards  of  Guardians,  and  in 
the  vestries,  or  what  still  remains  of  them,  in  the 
metropolis.  In  administrative  work,  as  in  legislation, 


PRESENT   POSITION   OF   LABOUR  493 

labour  representatives  have  a  distinct  voice,  powerful  or 
weak,  according  to  the  activity  and  zeal  of  the  working 
class  ratepayers  in  the  various  local  areas  constituting  the 
respective  elective  constituencies.  The  sphere  of  in- 
fluence is  thus  extended  in  all  directions,  and  if  the 
representation  of  labour  is  unequal,  the  fault  lies  with  the 
voters,  a  large  proportion  of  whom  are,  in  the  majority  of 
such  constituencies,  of  the  working  class. 

31.  Borough  Magistrates. — In  recent  years  a  number  of 
well-known    local    labour    leaders    have    been    appointed 
justices  of  the  peace  in  cities  and  boroughs.    These  appoint- 
ments have  been  notably  large  in  the  great  counties  of 
Lancashire   and    Yorkshire,    in    some    of    the    Midland 
counties,  and  in  the  city    of  Glasgow.      Some  also  find 
their  way  to  the  bench  of  magistrates  temporarily,  as  the 
chairmen  of  borough    councils   and   of  vestries.       Thus 
labour  takes  a  share  in   the  administration  of  the  law, 
no    mean    advantage,    especially    in    cases    affecting    the 
welfare  and  interests  of  the  working  classes  in  the  locality. 
Such   men  may    not    always   be  cordially   welcomed    by 
"  the  classes  "  by  whose  side  they  sit,  but  they  exercise 
an  equal  voice  with  that  of  the  squire,   the   parson,   or 
employer  of  labour.     If  the  justice  so  appointed  fail  in 
his  capacity  as  magistrate,  the  fault  must   lie  with  him 
individually,  not  with  the  more  liberal   system  adopted. 
All  such  advances  are  conducive  to  the  well-being  of  the 
masses  ;  they  tend   to   break  down  class  prejudices,  and 
promote  healthier  co-operation   for   the   common  good. 
The  influence  thus  exerted  naturally  extends  in  various 
other  directions,  with  results  always  more  or  less  favour- 
able to  the  cause  of  labour. 

32.  Labour  Department,  Factory  Inspection,  &c. — It  is 
only  in  recent  years  that  workmen  could  hope  to  obtain 
sufficient  recognition,  to  be  selected  for  posts  of  honour 
in  the  State.     Such  positions  were  mostly  reserved  for 
the    progeny   of  "  the   classes,"    secured    by   patronage, 
given   to   relations,  or  to  some   political    or  other  ally. 
Competition  and  examination  opened  the  door  to  others, 
and    thus   widened    the    selection    of    aspirants   for    the 


494  LABOUR   LEGISLATION 

several  posts  where  there  were  vacancies.  Nevertheless 
the  first  appointments  of  men  of  the  working  class  were 
in  the  form  of  patronage,  in  the  gift  of  the  minister  of 
the  department  personally  concerned.  In  this  way  some 
labour  leaders  of  capacity,  good  repute,  and  qualified  for 
the  several  posts  were  appointed  inspectors  under  the 
Factory  and  Workshop  Acts,  and  officials  in  the  Labour 
Department  of  the  Board  of  Trade.  The  selection  of 
Mr.  John  Burnett  and  Mr.  C.  J.  Drummond  for  the 
latter  was  excellent  from  all  points  of  view.  The  factory 
inspectors  also  have  earned  their  meed  of  praise  from 
the  Home  Office.  Two  labour  members  have  also  held 
office — Mr.  Broadhurst,  under  the  Secretary  of  State  for 
the  Home  Department,  and  Mr.  Burt  at  the  Board  of 
Trade.  Such  positions  as  those  named  will  be  more  and 
more  available  as  time  goes  on,  if  the  aspirants  are  able  to 
fulfil  the  conditions  and  qualifications  therefor. 

33.  Labour  s  Present  Power  to  Resist  Attack. — With  all 
the  combined  advantages  previously  set  forth,  and  with 
the  accumulated  influences  now  at  labour's  command,  it 
seems  the  veriest  cowardice  to  whine  and  wail  on  the 
platform  and  in  the  Press,  because  some  recent  decisions 
in  courts  of  law  have  curtailed  the  freedom  of  trade 
unionists  and  threatened  the  stability  of  the  unions.  It 
is  not  desirable  to  minimise  the  grave  effects  of  such 
decisions,  nor  is  it  wise  to  exaggerate  them.  The  one 
thing  needful  is  to  appraise  their  consequences  at  their 
just  value,  to  weigh  the  possible  results,  and  then  to 
formulate  measures  for  the  future.  That  labour  will 
have  again  to  cross  swords  with  capital,  in  the  political 
arena  and  on  the  floor  of  the  House  of  Commons,  is 
certain  ;  but  it  can  do  so  without  fear  or  dismay.  Its 
forces  are  to  a  great  extent  organised.  It  has  immense 
resources  at  command.  Its  leaders  have  had  ample 
experience,  or  have  at  their  command  the  experience  of 
others,  enshrined  in  the  history  of  labour  movements.  It 
will  have  the  support  of  many  outside  the  ranks  of 
labour,  if  the  demands  made  are  just,  are  practically 
realisable,  and  are  put  forward  in  a  way  to  evoke  appre- 


PRESENT   POSITION   OF   LABOUR  495 

elation  and  command  support.  These  considerations  are 
essential  if  the  labour  leaders  and  the  officials  of  trade 
unions  really  desire  to  achieve  success. 

34.  Labour's  Aspirations,  Utopian  and  Otherwise. — This 
work  was  not  intended  to  be  a  treatise  on  Sociology,  or  to 
propound    schemes    of    a    new  moral  world — dreams    of 
idealists  or  of  disordered  minds,  some  of  which  are  even 
more  repugnant  than  the  "  capitalism  "  of  to-day,  with 
all  its  incongruities,  its  cruelties,  and  its  demoralisation. 
Universal  panaceas  are  frauds,   whether  propounded    by 
quacks,  physical,  mental,  moral,  religious,  or  industrial. 
Even  the  most  ignorant  should  know  that  what  might 
cure  a  festered  finger  would  be  no  remedy  for  the  tooth- 
ache.    The  ills  that  flesh  is  heir  to  are  many  and  varied, 
and    the    remedies    to  be   applied  must   of  necessity    be 
suitable  in  each  case.     The  "  aspirations  of  labour  "  differ 
in  character  and  degree,  according  to  time,  circumstances, 
and    to    the    "  dreamer   of  dreams,"  who   undertakes  to 
voice  them.    Plato,  More,  Bacon,  Owen,  Ruskin,  Bellamy, 
each  had   ideals,    but    poor  humanity    is  not  much   the 
better,    materially,   for  any    of  them.      Intellectually  we 
may  be,  but  the  theories  of  those  idealists  have  found  no 
permanent  resting-place  in  the  world.     Owen's  best  work 
was  educational   and  co-operative,   especially   as    regards 
factory  management    and   legislation    pertaining   thereto. 
His  "New  Moral  World"  is  unrealised,  and  is  .perhaps 
unrealisable.      Humanity  is  too   slow  to  adapt  itself  to 
doctrinaire  ideals. 

35.  Socialism. — The   socialism    of  Robert    Owen   was 
voluntary  and  personal.      It   sought    to    merge    the    in- 
dividual,   in    certain    directions,    into    a    collective    com- 
munity, as    regards  labour,  distribution  of  its  products, 
educational  developments,  dwellings,  &c.,  each  partaking 
according  to  his  contributions  to  the  whole.     He  did  not 
contemplate   State    socialism    as    now   advocated.      The 
Social  Democratic  Federation — its  leaders  and  followers, 
clamour   for    State    regulation — that  <c  all    the  means    of 
production,  distribution  and  exchange  "   shall  be  appro- 
priated by  the  State,  and  be  utilised  for  the  nation  collec- 


496  LABOUR   LEGISLATION 

tively.  The  whole  population  is  to  be  submerged,  not  the 
tenth  merely  ;  individual  action  is  to  be  so  restrained  that 
it  shall  practically  cease  to  operate,  except  as  a  cog  in  the 
wheel  of  progress,  a  minute  atom  in  the  vast,  intricate, 
all-powerful,  and  masterful  machine,  managed  by  that 
most  incompetent  of  all  authorities  for  such  purposes — 
<c  The  State."  The  world  has  been  favoured  with  a  con- 
crete example,  in  Bellamy's  "  Looking  Backwards  " — why, 
even  the  present  system  is  better  than  that.  It  would  not 
suit  the  "  street-corner  men,"  because  of  the  absence  of 
"  beer  and  skittles."  It  is  too  absurd.  For  good  or  for 
evil,  each  atom  of  humanity  is  endowed  with  individualism, 
with  characteristics  as  diversified  as  the  human  coun- 
tenance ;  to  annihilate  these  would  be  to  destroy  humanity. 

36.  Anarchism. — The  monstrous  thing   called  "  anar- 
chism "  needs  hardly  to  be  discussed.     It  is  too  cruel  in 
its  methods,  too  outrageous  in  its  designs,  too  uncertain 
as  to  its  objects  and  aims.     The  good,  the  pure,  the  noble 
are  as  much  at  its  savage  mercy  as  the  tyrant,  the  ignoble, 
the  base.     Its  weapons  are  the  assassin's  knife,  dagger,  or 
pistol,  used  in  the  dark,  or  otherwise,  treacherously  in 
any  case.     The  "  tyrannicide  "  had  at  least  this  plea — he 
did  it  to  rid  the  world  of  a  despot,  a  despoiler  of  the 
people,   perhaps  a  murderer   by  deputy.     The  anarchist 
has  not  even  this  plea.     In  the  case  of  Abraham  Lincoln 
the  "  tyrannicide  "  could  not  plead  that  defence.     Anar- 
chists are  foes  to  liberty  and  to  progress  ;  they  give  solid 
excuse  for  reactionary  measures. 

37.  Co-operation. — Here  we  are  on  safer  ground.     It 
is  a  veritable  effort,  on  peaceful  lines,  to  solve  the  labour 
and  some  other  social  problems.     Its  efforts  at  production 
are,  however,  on  limited  lines  as  compared  with  its  dis- 
tributive   achievements.      The    fault    lies    less  with   the 
leaders  than  with  their  followers.     In  the  latter  timidity, 
jealousy,  lack  of  discipline  prevail.     But  co-operative  pro- 
duction is  one  of  the  forms  of  self-help  which  will  develop 
and  extend  as  time  goes  on.     There  capital  and  labour  go 
hand  in  hand.     Its  possibilities  are  enormous,  its  advan- 
tages are  stupendous,  but  its  progress  depends  upon  the 


PRESENT   POSITION   OF   LABOUR  497 

varying  moods  of  the  mass  of  the  workers,  a  quantity 
incalculable. 

38.  Trade    Unionism   as  a  Remedy. — No   man    in  his 
senses,  with  a  full  knowledge  of  all  the  facts,  would  pre- 
tend that  trade  unionism  is  the  highest  ideal  in  relation  to 
labour.     At  its  best  it  is  but  a  palliative — yet  how  far- 
reaching,  how  vast  its  powers  for  good  as  a  protection  to 
labour  !     "  For  forms  of  faith  let  angry  zealots  fight " — 
for  beau  ideals  and  Utopias  also,  say  I.     It  is  the  only 
power  which  can  effectively  enter  into  and  enforce  collec- 
tive bargaining,  and  so  put  labour  on  a  level  with  large 
employers,  great  firms,  and  huge  companies.     These  com- 
panies are  also  collective,  and  in  their  hands  the  individual 
workman  is  powerless.     The  whole  business  of  the  world 
is  carried  on  by  a  system  of  bargaining  and  competition, 
often  dishonest  and  corrupt,  not  unfrequently  distressful 
and  cruel.     The  trader  seeks  to  protect  himself  by  all  the 
means  in  his  power  against  competitor  and  customer  alike. 
He  is  the  seller,  and  he  fixes  the  price  of  his  commodity, 
subject  to  modification,  at  his  own  sweet  will,  or  perforce, 
as  the  case  may  be.     The  workman  is  the  seller  of  his 
labour  ;  he  seeks  at  least  a  voice  in  fixing  its  value  or  its 
price.     The    employer,    who    is    the    buyer,    has    always 
regarded  this  as  monstrous — he,  the  buyer,  must  fix  the 
price  and  the  conditions.     This  is  an  inversion  of  the  law 
and  practice  in  the  commercial  and  trading  world. 

39.  I  look  at  Capital  and  Labour  as  it  is,  its  relation- 
ship in  the  industrial  world.     Capital  is  represented  by 
the  employer,  labour   by  the  workman,  the  legal  tie  is 
that  of  hirer  and  hired.     Others  may  rail  at  capitalism, 
and  espouse  collectivism  ;  I  am  content,  in  this  workaday 
world,  to  try  and  do  something  to  bring  the  two  forces 
more  into  line  ;  to  equalise,  as  far  as  may  be,  the  condi- 
tions for  fair  bargaining  between  them,  so  that  the  one 
shall  have  a  fair  day's  wage  for  a  fair  day's  labour,  the 
other  a  fair  day's  work  for  a  fair  day's  wage.     "  Ah  !  " 
some  one  will  exclaim,  "  what  is  a  fair  day's  wage  and  a 
fair  day's  work  ?  "     That,  in  sober  truth,  is  a  matter  to 
be  adjusted  honourably  by  the  two  parties.     Whatever 

33 


498  LABOUR   LEGISLATION 

will  help  to  promote  that  end  is  worth  striving  for, 
whether  it  be  by  arbitration,  conciliation,  negotiation, 
sliding  scales,  profit  sharing,  co-operation,  or  other 
method.  This  is  the  legitimate  work  of  trade  unions. 
To  overthrow  capitalism  may  be  the  province  of  the 
"  social  innovator,"  if  so  be  that  capitalism  is  to  be  over- 
thrown, and  what  is  called  "  collectivism  "  is  to  be  substi- 
tuted in  its  place.  For  the  present  it  is  sufficient  to 
consider  how  best  to  adjust  differences,  remove  obstacles, 
smooth  difficulties,  and  induce  employers  and  workmen 
to  meet  as  men  in  friendly  intercourse,  and  not  as  im- 
placable industrial  foes. 

40.  Educational  Advantages. — Working  people  of  to- 
day, under  forty  years  of  age,  can  have  no  conception  of 
the  disadvantages  of  all  sections  of  the  working  class 
prior  to  the  passing  of  the  Elementary  Education  Act  of 
thirty  years  ago.  How  the  labour  leaders  and  trade 
union  officials  of  that  date,  and  previously,  obtained 
sufficient  education  to  enable  them  to  occupy  responsible 
positions  and  fulfil  the  duties  thereby  involved,  is  in 
many  respects  a  mystery.  "  School  places"  were  absurdly 
insufficient ;  the  tuition  given  was  meagre  ;  the  time 
spent  in  school  was  inadequate  and  irregular  ;  education 
as  a  necessity  was  only  recognised  by  the  comparatively 
few.  Fifty  years  ago  public  free  libraries  were  unknown. 
Newspapers,  as  a  rule,  were  dear.  Books  were  generally 
high  in  price,  though  the  age  of  cheap  literature  had  dawned 
upon  the  land.  Now  every  poor  man's  child  can  have 
free  elementary  education  of  the  best ;  evening  continua- 
tion schools  abound,  though  still  at  a  disadvantage  ;  there 
are  scholarships  and  "  exhibitions  "  for  clever  and  indus- 
trious children,  to  whom  even  the  universities  are  open. 
There  are  polytechnics  and  science  and  art  classes  for  the 
promotion  of  technical  education.  There  are  free 
libraries,  museums,  and  picture  galleries  in  most  of  the 
larger  cities  and  towns.  Cheap  newspapers,  journals,  and 
magazines  abound.  Books  are  plentiful  and  cheap,  aye, 
even  of  the  best.  The  portals  of  learning  are  open  wide  ; 
the  poorest  may  enter  in.  With  all  these  advantages  the 


PRESENT   POSITION   OF   LABOUR  499 

workmen  of  to-day  can,  if  they  so  will  it,  attain  positions 
altogether  unattainable  half  a  century  ago,  except  in  very 
rare  instances.  But  it  means  work.  Ambition,  high 
character,  application,  the  full  use  of  opportunity,  self- 
reliance,  and  self-restraint  will  ensure  success  in  any  well- 
chosen  path  in  life. 

41.  Conclusion. — In  this  attempt  to  trace  the  history  of 
labour  struggles  to  secure  for  working  people  their  just 
dues,  I  am  not  unmindful  of  faults  on  both  sides.  Edu- 
cation, social  distinctions,  and  surrounding  circumstances, 
account  for  much  in  this  connection.  If  the  utterances  of 
some  were  taken  as  gospel  truth,  employers  would  appear 
to  be  all  devils,  and  the  employed  all  angels.  That  is  not 
my  experience. 

"  Honour  and  worth  from  no  conditions  rise, 
Act  well  your  part,  there  all  the  honourjjes." 


A  juster  appreciation  of  relative  positions,  of  mutual 
duties  and  responsibilities,  will  lessen  the  friction  which 
now  obtains.  The  man  that  under-works  is  as  bad  as  the 
man  who  under-pays.  The  surest  ground  to  stand  upon 
is  honesty,  integrity.  It  is  dishonest  competition  that  is 
eating  at  the  heart  of  trade  and  commerce,  and  gigantic 
monopolies,  founded  merely  upon  accumulated  wealth, 
that  are  undermining  our  industrial  system.  Capital  and 
labour  are  the  two  great  forces  that  rule  the  world.  The 
one  is  the  complement  of  the  other.  They  are  related  ; 
they  should  co-operate,  act  together.  In  mutual  sym- 
pathy, and  with  a  just  regard  for  each  other's  interests, 
may  be  found  the  solution  of  the  labour  problem,  and  the 
happiness  of  the  human  race. 


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H.  F.  WILSON 


A  Stt  of  10  Volumes,  each  with  Photogravure  Frontispiece , 
and  Map,  large  crown  8t»0M  cloth^  53.  each. 


The  completion  of  the  Sixtieth  year  of  the  Qneen's  reign  will  be  the  occasion  of  much 
retrospect  and  review,  in  the  course  of  which  the  great  men  who,  under  the  auspices  of  Her 
Majesty  and  her  predecessors,  have  helped  to  make  the  British  Empire  what  it  is  to-day, 
will  naturally  be  brought  to  mind.  Hence  the  idea  of  the  present  series.  These  biographies, 
concise  but  full,  popular  but  authoritative,  hare  been  designed  with  the  view  of  giving  in 
each  case  an  adequate  picture  of  the  builder  in  relation  to  his  work. 

The  series  will  be  under  the  general  editorship  of  Mr.  H.  F.  Wilson,  formerly  Fellow 
of  Trinity  College,  Cambridge,  and  now  private  secretary  to  the  Right  Hon.  J.  Chamberlain 
at  the  Colonial  Office.  Each  volume  will  be  placed  in  competent  hands,  and  will  contain 
the  best  portrait  obtainable  of  its  subject,  and  a  map  showing  his  special  contribution  to 
the  Imperial  edifice.  The  first  to  appear  will  be  a  Life  of  Sir  Walter  Ralegh,  by  Major 
Hume,  the  learned  author  of  "  The  Year  after  the  Armada."  Others  in  contemplation  will 
deal  with  the  Cabots,  the  quarter-centenary  of  whose  sailing  from  Bristol  is  has  recently  been 
celebrated  in  that  city,  as  well  as  in  Canada  and  Newfoundland  ;  Sir  Thomas  Maitland,  the 
"  King  Tom "  of  the  Mediterranean  ;  Rajah  Brooke,  Sir  Stamford  Rattles,  Lord  Clive, 
Edward  Gibbon  Wakefield,  Zachary  Macaulay,  &c.,  &c. 

The  Series  has  taken  for  its  motto  the  Miltonic  prayer : — 

"  ?  0ou  JB$o  of  tfy  free  grace  fct&fif  fiutfb  up  fgfe  $ritfanmc* 
(gmptre  to  a  gforious  onb  enStafife  8etg$f$+  5Btf3  aff  0er 
•Slaughter  Jafanba  ofiouf  $er+  sfag  UB  tn  fiJtB  frftctft'e*** 


1.  SIR  WALTER  RALEGH.     By  MARTIN  A.  S.  HUME,  Author 

of  "  The  Courtships  of  Queen  Elizabeth,"  &c. 

2.  SIR  THOMAS  MAITLAND;  the  Mastery  of  the  Mediterranean. 

By  WALTER  FREWEN  LORD. 

3-  JOHN    CABOT    AND    HIS    SONS;    the  Discovery  of    North 
America.    By  C.  RAYMOND  BEAZLKY,  M.A. 

4.  EDWARD  GIBBON  WAKEFIELD;  the  Colonisation  of  South 

Australia  and  New  Zealand.     By  R.  GARNETT,  C.B.,  L.L.D. 

5.  LORD  CLIVE;    the  Foundation  of  British  Rule  in  India.     By  Sir 

A.  J.  ARBUTHNOT,  K.C.S.I.,  C.I.E. 

RAJAH    BROOKE;    the  Englishman  as  Ruler  of   an  Eastern 
State.    By  Sir  SPENSER  ST.  JOHN,  G.C.M.G 

ADMIRAL  PHILIP;   the  Founding  of  New  South  Wales.    By 
Louis  BECKE  and  WALTER  JEFFERY. 

5IR  STAMFORD  RAFFLES;  England  in  the  Far  East.    By 
the  Editor. 

11,  Paternoster  Buildings,  London,  E.G.  bb 


T.    FISHER    UNWIN,    Publisher, 


THE 


"LIVES  WORTH  LIVING"  SERIES 

OF  POPULAR  BIOGRAPHIES. 

Illustrated.    Crown  8vo,  cloth  extra,  3s.  6d.  per  vol. 


1.  LEADERS    OF  MEN  :   A  Book  of  Biographies 

specially  written  for  Young   Men.      By   H.   A. 
PAGE,  Author  of  "  Golden  Lives." 

2.  WISE    WORDS  AND    LOVING   DEEDS: 

A  Book  of  Biographies  for  Girls.     By  E.  CONDER 
GRAY. 

3.  MASTER      MISSIONARIES:        Studies    in 

Heroic  Pioneer  Work.     By  A.  H.  JAPP,  LL.D., 
F.R.S.E.     Fourth  Edition. 

4.  LABOUR  AND  VICTORY.     By  A.  H.  JAPP, 

LL.D.  Memoirs  of  Those  who  Deserved  Success 
and  Won  it. 

5.  HEROIC  ADVENTURE  :  Chapters  in  Recent 

Explorations  and  Discovery. 

6.  GREAT  MINDS  IN  ART  :  With  a  Chapter  on 

Art  and  Artists.  By  WILLIAM  TIREBUCK.  Portraits. 

7.  GOOD    MEN    AND   TRUE  :    Biographies  of 

Workers    in   the    Fields    of     Beneficence    and 
Benevolence.     By  A.  H.  JAPP,  LL.D.,  F.R.S.E. 

8.  FAMOUS    MUSICAL    COMPOSERS  :     By 

LYDIA  J.  MORRIS, 

9.  OLIVER  CROMWELL  AND  HIS  TIMES. 

By  G.   HOLDEN  PIKE.     With  8    Illustrations,  in- 
cluding the  Bristol  Portrait  as  Frontispiece. 

xi,  Paternoster  Buildings,  London,  E.G. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


: 

_      REC'D  L.D 

RAY  2  4  1990 

-JAN  2  3  '66  -5PM 

mm  MAY  0  1  1990 

-F 

~       MAR  2  2  1968  4 

4 

— 

—  KEC'D  LD 

JW  10  '66  -gpjH 

UN    6  1965  1  6 

RECEIVE'") 

-    JUN    6196791 

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: 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


U.C.  BERKELEY  LIBRARIES 


